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Banking & Finance

Germany

A strong team for Banking & Finance

The Banking & Finance team at CMS comprises more than 50 lawyers serving clients throughout Germany, operating mainly out of our Berlin, Frankfurt, Hamburg, Cologne and Stuttgart offices. We advise on the full range of banking law and finance:

Our clients include banks, financial services providers, private equity investors and arrangers – from SMEs to international corporations. Due to our structure and versatility, we are the perfect choice for legal advice on projects of any size and complexity.

Focusing on client needs – nationally and internationally

As part of the global CMS organisation, CMS Germany can draw on an international network of lawyers and tax advisors. These resources include 250 experts for banking & finance law. Depending on the particular requirements, we assemble international teams led by an experienced lawyer, usually a partner in the firm.

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    Banking Law and Regulation

    CMS Germany is your specialist for all banking-specific legal issues. We provide support to clients optionally as an outsourced legal department or to complement their own in-house lawyers. Our banking expertise covers banking contract law, advice on dispute resolution, compliance issues, new banking products and financial instruments, and the German Securities Trading Act (WpHG).

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    Finance

    The finance team at CMS Germany helps you develop solutions for your particular financing requirement, working closely with the project managers and lawyers within your organisation.

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    Capital Markets

    Capital markets never stand still. Stock exchanges around the world face increasing regulation, while tougher legislation requires corresponding changes to the way companies fund themselves. At the same time, capital market products are gaining in importance against a backdrop of historically low interest rates, while new technologies are creating completely new opportunities for issuers and shareholders. Operating successfully in this environment requires both in-depth expertise in capital markets law and proven international capabilities – something we can offer.

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    August 2014
    Our Bank­ing & Fin­ance Prac­tice

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    Andreas Göller
    20/11/2017
    CMS Private Place­ment Guide
    29/03/2018
    Study on Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
    At first glance, it is hard to be­lieve and to un­der­stand the claim of en­thu­si­asts that Block­chain tech­no­logy is sup­posed to be com­par­able with the spread of the in­ter­net in the 90s.   It would there­fore be a con­sequence of the tech­nic­al, even dis­rupt­ive in­nov­a­tions.
    01/02/2018
    Cap­it­al gains on crypto­cur­ren­cies: what hap­pens un­der the Bel­gian...
    Crypto­cur­ren­cies have re­cently at­trac­ted a lot of at­ten­tion, with many in­vestors seek­ing to be­ne­fit from this new trend. Be­ing a re­cent phe­nomen­on, crypto­cur­ren­cies are not yet sub­ject to spe­cif­ic rules in Bel­gi­um.
    19/01/2018
    Changes to Bel­gian SME fin­an­cing law rel­ev­ant to fin­an­cing trans­ac­tions
    A new Law dated 21 Decem­ber 2017 amends the Bel­gian Law re­lat­ing to the fin­an­cing of small and me­di­um-sized en­ter­prises ( the “SME Fin­an­cing Law”). These amend­ments are par­tic­u­larly rel­ev­ant to lenders en­ter­ing in­to syn­dic­ated loans, fin­an­cing ar­range­ments.
    20/09/2017
    Pub­lic Coun­try-by-Coun­try Re­port­ing; Tax­pay­er­s' Rights
    Ap­pro­pri­ate Use of Coun­try-by-Coun­try Re­ports The OECD has now pub­lished Guid­ance (avail­able here) on the ap­pro­pri­ate use of Coun­try-by-Coun­try Re­ports (‘Cb­CRs’) by na­tion­al tax au­thor­it­ies. This is in re­sponse to some val­id MNE con­cerns that tax au­thor­it­ies.
    26/06/2017
    The Re­cast EU In­solv­ency Reg­u­la­tion be­comes ef­fect­ive today
    Since May 2002, we have had a re­gime which en­sures that an in­solv­ency pro­ceed­ing star­ted in one of the EU’s mem­ber states is, without fur­ther form­al­ity, re­cog­nised in all oth­er mem­ber states (ex­cept for Den­mark) and which de­term­ines the law ap­plic­able to such.
    10/02/2017
    In­dia Budget 2017 - 2018
    On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
    06/02/2017
    New reg­u­la­tion comes in­to force sup­port­ing cre­ation of a European...
    The new reg­u­la­tion n°655/2014 sup­port­ing the cre­ation of a European bank ac­count pre­ser­va­tion or­der pro­ced­ure came in­to force on 18 Janu­ary 2017. This is now en­force­able through­out the Mem­ber States of the European Uni­on, ex­clud­ing the United King­dom and Den­mark.
    24/01/2017
    The up­com­ing money mar­ket fund reg­u­la­tion
    I. The Reg­u­la­tion in­tro­duces two new cat­egor­ies of MMF, with each MMF re­quired to meet the re­quire­ments: short-term MMFs, whose ob­ject­ive is to of­fer money mar­ket rate re­turns while en­sur­ing the highest pos­sible level of safety.
    01/12/2016
    BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
    The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
    28/10/2016
    European Com­mis­sion pub­lishes Cor­por­ate Tax Re­form Pack­age, re­launch­ing...
    As part of a Cor­por­ate Tax Re­form Pack­age, the EC has pub­lished four pro­pos­als for Coun­cil Dir­ect­ives. 1. Pro­pos­als to re­launch the Com­mon Con­sol­id­ated Cor­por­ate Tax Base First, the European Com­mis­sion (“EC”) has an­nounced that it is re­launch­ing its pro­pos­al.
    20/09/2016
    When the Dust Settles: Cross-bor­der re­struc­tur­ing and in­solv­ency after...
    As the dust be­gins to settle after the EU ref­er­en­dum and the po­ten­tial rami­fic­a­tions of Brexit con­tin­ue to be di­ges­ted, we ex­am­ine the po­ten­tial im­pact of Brexit on the UK cross-bor­der re­struc­tur­ing and in­solv­ency re­gime and its con­sequences for the UK’s repu­ta­tion.
    28/07/2016
    US rules on Bit­coin (and what the EU thinks)
    Bit­coin has be­come in­creas­ingly pop­u­lar as a vir­tu­al cur­rency. It is es­tim­ated that ven­ture cap­it­al in­vest­ments in the cur­rency now total more than €1 bil­lion. As Bit­coin be­gins to break in­to the main­stream, the European Par­lia­ment and a Flor­ida court have.