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Banking & Finance

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 550 experts, 160 of whom are partners, for banking & finance law. Depending on the particular requirements, we assemble international teams led by an experienced lawyer, usually a partner in the firm.

RegZone

„Ein großer Pluspunkt der Praxis für Kredite u. Akquisitionsfinanzierungen ist das engmaschige dt. wie internat. Netz an Kanzleistandorten.“

JUVE Handbuch, 2020/21

"Strong choice for cross-border work thanks to its robust international set-up, and its full-service offering ensures expert advice from related practice groups including energy, tax and insurance."

Chambers Europe, 2020

"very responsive and quick with very good results,"; "excellent overview and cross-border view,"; as well as "very good project management skills."

Chambers Europe, 2020

„Sehr kurze Durchlaufzeiten, jederzeitige Erreichbarkeit und hohe Praxiserfahrung“; „Pragmatische Herangehensweise“; „Unkomplizierte Kommunikation.“

The Legal 500, 2020

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Bankrecht und Bankaufsichtsrecht
Banking Law and Regulation
Your back-up for banking law and regulation. CMS Germany is your specialist for all banking-specific legal issues. We provide support to clients optio
Banking-Finance_Kapitalmarktrecht
Capital Markets
In-depth legal advice on capital market transactions. Capital markets never stand still. Issuers, banks, financial services providers and stock exchan
Finanzierungen
Finance
Your partner for finance matters. The finance team at CMS Germany helps you develop solutions for your particular financing requirement, working close
09/12/2020
Digitale In­frastruk­turf­in­an­zier­ung – „Glasfaser für alle“?
Digitale Trends wie Big Data, Cloud-Computing, Smart Citys und autonomes Fahren sowie die aufgrund der Corona-Pandemie gesteigerte Nutzung des Homeoffice erhöhen die Nachfrage nach einem zügigen und...
Sustainable Finance
In order to implement the Green Deal considerable investment is planned...
04/01/2021
CMS Expert Guide to coronavirus related loan moratoriums
 As the COVID-19 outbreak continues to spread across the globe, governments and banks in many jurisdictions have introduced extraordinary measures to alleviate the financial and economic impact of the pandemic. Such emergency measures often include m
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15/03/2024
Real estate finance law in Germany
A. Mortgages 1. Can Security be granted to a foreign lender? Yes. In general, there are no restrictions on the ownership of land or the taking and enforcing of security rights by a foreign party. 2...
14/03/2024
CMS advises Encavis management board on EUR 2.8 billion takeover offer...
Ham­burg/Frank­furt – KKR has today announced a voluntary public takeover offer made to all the other shareholders of Encavis AG of EUR 17.50 per share in cash. This represents a transaction volume of around EUR 2.8 billion. Family-owned business Viessmann GmbH & Co. KG will participate as co-investor in the KKR-led consortium. The offeror has signed binding agreements with Abacon Capital GmbH and other major shareholders holding around 31% of the total share capital. These shareholders will continue to be long-term investors in the company indirectly through a stake in the offeror’s corporate structure. Encavis and the offeror have signed an investor agreement on the key points of the transaction. In line with the investor negotiations, the consortium will support the strategic ambitions of Encavis to accelerate growth. The offer document will be submitted by the offeror within the next two weeks for approval by the German Federal Financial Supervisory Authority (BaFin). Completion of the transaction is subject to a minimum acceptance threshold and regulatory approvals, among other conditions. CMS advised Encavis on the investor agreement via a team headed by Dr Henrik Drinkuth and Ayleen Görisch, together with Freshfields Bruckhaus Deringer, and will advise the Encavis management board on all legal aspects of the takeover offer. The company is a longstanding CMS client. CMS Germany Dr Henrik Drinkuth, Partner Ayleen Görisch, Counsel, both Lead Dr Hendrik Quast, Senior Associate, all Corporate/M&A Christoff Soltau, Partner Kai Neuhaus, Partner Dr Robert Bodewig, Senior Associate David Rappenglück, Associate, all Antitrust, Competition & Trade Philipp Melzer, Partner Hatice Akyel, Counsel Patrick Damanik, Senior Associate, all Banking, Finance & Insurance Encavis Natalie Grüber (Head of Legal)Press Con­tact presse@cms-hs. com
06/03/2024
Knowledge on information and communication technology and security are...
On 21 February 2024, the European Central Bank released a supervision newsletter on new policy / its expectation for more bank board expertise on information and communication technology (“ICT”) and...
04/03/2024
Aircraft finance and leasing in Germany
Information current as of February 2020 1. PROPOSED TRANSACTION STRUCTURE The Aircraft will be purchased by the Owner and leased on an operating lease basis to the Airline pursuant to the Lease. 2. SEARCHES...
28/02/2024
CMS advises Bruker on the multi-jur­is­dic­tion­al acquisition of ELITech,...
Frankfurt/Main – Bruker has agreed to acquire ELITechGroup, a provider of specialty in vitro diagnostic (IVD) systems, from TecFin S.à r.l., a controlled affiliate of PAI Partners, a pre-eminent private equity firm, for EUR 870 million in cash, excluding the carved out ELITech clinical chemistry business. The transaction is expected to close in the second quarter of 2024, subject to regulatory approvals and other customary closing conditions.A team of CMS Germany headed by lead partner Dr Hendrik Hirsch acted as lead transaction counsel on this landmark transaction for Bruker's MDx business covering all M&A aspects of the transaction, IVDR and other regulatory aspects, antitrust and FDI filings, the carve out of the clinical chemistry business and support on the employee consultation processes in France and the Netherlands. ELITechGroup, with over 500 employees and over 40 active patents, develops and commercializes innovative, proprietary molecular diagnostic (MDx) systems and assays, as well as niche biomedical systems and microbiology products. Its molecular diagnostic business accounts for the majority of the to-be-acquired revenues and provides the unique sample-to-answer (S2A) instruments InGenius® and Be-Genius® in the mid-to-high throughput MDx category with PCR diagnostic assays for infections and diseases. ELITechGroup, excluding the clinical chemistry business, achieved approximately EUR 150 million in revenues in 2023. ELITechGroup generates the majority of its revenues from Europe, with significant business also in North and Latin America. Its major R&D and production sites are in Italy, the United States, France and Germany. CMS Germany Dr Hendrik Hirsch, Partner, Co-Lead Dr Jacob Siebert, Partner, Co-Lead Dr Dirk Baukholt, Principal Counsel Dr Berrit Roth-Mingram, Counsel Dr Maximilian Stark, Senior Associate, all Corporate/M&A Dr Roland Wiring, Partner Lukas Burgdorff, Associate Noah Rodenkirchen, Associate, all Regulatory & Lifesciences Dr Thomas Hirse, Part­ner Se­basti­an Vautz, Senior Associate Lisa Dietrich, Associate, all IP Dr Michael Bauer, Partner Stefan Lehr, Partner Kai Neuhaus, Partner Moritz Pottek, Counsel Dr. Denis Schlimpert, Counsel Kirsten Baubkus-Gerard, Senior Associate David Rappenglück, As­so­ci­ate Be­ne­dikt Christian Voss, Associate, all Antitrust, Competition & Trade Dr Thomas de la Motte, Partner Dr Markus Pfaff, Partner Dr André Frischemeier, Partner Hatice Aykel, Counsel Alisa Brehm, Senior Associate Thomas Schaak, Senior Associate Dr Sait Dogan, Associate, all Banking & Finance  Dr André Lippert, Part­ner Con­stan­ze Schweidtmann, Associate, both Real Estate & Public Dr Boris Alles, Partner Dr Theresa Kipp, Senior Associate, both Labor, Employment & Pensions CMS France Benoît Gomel, Partner Vincent Desbenoit, Associate Dylan Allali, all Corporate/M&A Caroline Froger-Michon, Partner Aurélie Parchet, As­so­ci­ate Ca­m­ille Baumgarten, Associate Sophie Yin, all Em­ploy­ment Claire Vannini, Partner Eleni Moraïtou, Coun­sel Lilia-Ori­ana Dif, Associate Ariane Rolin, all Competition & EU  Jean-Bap­tiste Thiénot, Partner Anaïs Arnal, Associate, both Intellectual Property Laurine Mayer, Associate, TMC Alexandre Chazot, Counsel, Banking & Fin­ance  Thi­erry Granier, Partner Renaud Grob, Partner, both Tax Arnaud Valverde, Senior Associate, Real Estate Olivier Kuhn, Partner Cécile Rebiffé, Counsel Mylène Garrouste, all Dispute Res­ol­u­tion Kawthar Ben Khelil, Coun­sel Jean-Pierre Malili, Associate, both Public law/In­fra­struc­ture CMS Italy Massimo Trentino, Partner, Corporate/M&A Maria Letizia Patania, Partner, Lifescience & Healthcare Gian Marco Lettieri, Senior Associate, Employment & Pensions Giulio Poggioli, Counsel Valerio Giuseppe Daniele, As­so­ci­ate Francesca Durante, Junior As­so­ci­ate  Arianna Toccaceli, Junior Associate, all Banking & Finance CMS Luxembourg Gérard Maitrejean, Partner Miruna Poenaru, Coun­sel Max­imili­an Helfgen, Associate, all Corporate/M&A CMS UK Jack Letson, Partner Lindsay McAllister, Associate, both Corporate/M&A David Dennis, Partner, Commercial CMS Netherlands Pieter van Duijvenvoorde, Partner Robert Jong, both Corporate/M&A Nigel Henssen Fleur van Assendelft de Coningh, both Employment Edmon Oude Elferink, Partner Marijke van der Vossen, both Antitrust, Competition & Trade CMS Serbia Radivoje Petrikić, Partner Mila Drljević, both Corporate/M&A CMS Austria Dieter Zandler, Partner Vanessa Horaceck, both Competition & EU CMS Ukraine Maria Orlyk, Partner Diana Valyeyeva CMS Turkiye Döne Yalçın, Partner Arcan Kemahlı,  Sa­ba­hat­tin Öztemiz Taner ElmasPress Con­tact presse@cms-hs. com
14/02/2024
CMS advises automotive supplier Webasto on sale of charging business to...
Cologne – Webasto, a leading global automotive supplier headquartered in Stockdorf near Munich, has sold a majority stake in its charging solutions business. The business includes charging cables, mobile chargers and wallboxes. The German company is one of the 100 largest suppliers to the automotive sector worldwide and will remain invested in the division as a minority shareholder. It intends to focus on its core business segments going forward. In 2022, Webasto took the strategic decision to seek an investor for the charging solutions business. The buyer is private equity firm Transom Capital Group, based in Los Angeles, USA. The two companies signed a purchase agreement on 7 February 2024. Further details of the transaction were not disclosed.A CMS team headed by lead partner Klaus Jäger advised Webasto on all legal aspects of the sale. The German CMS team worked closely with CMS teams from Mexico City and Beijing, as well as US law firms Miller & Martin PLLC and Locke Lord LLP. The sales process was highly complex, partly due to the fact that prior to the sale the unit in question needed to be restructured by taking appropriate action across a number of different jurisdictions. Webasto has relied on the expertise of CMS in the past, most recently when acquiring all the shares in Luxembourg company Carlex Glass. Established in 1901, automotive supplier Webasto focuses on roof systems and on vehicle electrification in its development, manufacturing and sales operations. The product range includes openable and fixed roofs, electric high-voltage heaters and batteries and thermo management solutions. Webasto’s customers range from manufacturers of passenger cars, commercial vehicles and boats to dealers and end customers. In 2022, the group generated sales of over EUR 4 billion and employed some 16,800 people across more than 50 locations worldwide. CMS Germany Klaus Jäger, Lead Part­ner Anna-Lena Löcherbach, Counsel Philipp Knopp, Senior As­so­ci­ate Domin­ic Zimmer, Associate Nina Fink, Associate, all Corporate/M&A Dr Angela Emmert, Partner Lennard Martin Lürwer, Counsel Marcel Heinen, Senior Associate, all Labor, Employment & Pensions Dr Sebastian Cording, Partner Lars Howe, Associate Dr Markus Kaulartz, Partner Dr Reemt Matthiesen, Partner, all TMC Dr Alexandra Schluck-Amend, Partner Manuel Nann, Senior As­so­ci­ate  Fran­ziska Fuchs, Senior Associate, all Restructuring and Insolvency Lars Eckhoff, Partner Dr Philipp Rohdenburg, Counsel, both Commercial Dr Dirk Smielick, Principal Counsel, Intellectual Property Dr Christian Scherer, Partner, Real Estate & Public Barbara Bayer, Counsel, Banking, Finance & Insurance Moritz Pottek, Counsel, Antitrust, Competition & Trade Dr Arne Burmester, Principal Counsel Conrad Gräwe, Legal Coordinator Romy Rosenhahn, Legal Co­ordin­at­or Stephanie Schulz, Legal Co­ordin­at­or Steven Washington, Legal Co­ordin­at­or Tag­rid Chahrour, Senior Legal Specialist Anke Clippingdale, Senior Legal Specialist Lisa Mattmann, Senior Legal Specialist Sarah Przybylski, Senior Legal Specialist Edris Trabzadah, Senior Legal Specialist Faraz Ahmad, Legal Specialist Jule Marie Holz, Legal Specialist Sofia Schreiner, Legal Spe­cial­ist Al­ex­an­der Stadahl, Legal Specialist, all Smart Operations CMS China Dr Falk Lichtenstein, Partner, Corporate/M&A CMS Mexico Giancarlo Schievenini, Partner, Corporate/M&A MILLER & MARTIN PLLC, Attorneys at Law, Chattanooga, USA Mike Marshall, Partner Joe De Lisle, Partner Locke Lord LLP, Boston, USA Jonathan Joung, PartnerPress Con­tact presse@cms-hs. com   
13/02/2024
EU legislative initiatives on recovery and resolution planning for insurance...
With the compromise proposal for an Insurance Recovery and Resolution Directive (IRRD) published by the EU Council in January 2024, EU legislative initiatives to establish a recovery and resolution framework...
26/01/2024
CMS advises on sale and leaseback of high-tech site near Stuttgart
Stuttgart – CMS has advised a technology service provider on the sale of its Flugfeld-Allee 12 site in Sindelfingen near Stuttgart to an institutional investor. A lease with a fixed term of 15 years was then concluded with the seller for the whole area, with options to extend the lease once for five years and once for three years.A CMS team led by Dr Volker Zerr advised on all legal and tax aspects of the sale and leaseback transaction. Constructed in 2015, the property at Flugfeld-Allee 12 is located on a site of around 30,000 square metres in the Flugfeld Böblin­gen/Sindelfin­gen mixed residential and commercial area. It comprises several buildings: 9,703 square metres of office space, an 8,081 square metre workshop fitted out for research and development, 1,628 square metres for storage and a canteen covering 1,039 square metres. CMS Germany Dr Volker Zerr, Lead Partner Sandra Scheib, Counsel Dr Kathrin Groß, Counsel Michelle Bucher, Senior Associate, all Real Estate & Public Dr Tobias Grau, Partner Susanne Waldhans, Senior Associate, both Corporate/M&A Dr Andreas Grunert, Principal Counsel, Banking, Finance & Insurance Tobias Schneider, Partner, TaxPress Con­tact presse@cms-hs. com
23/01/2024
New EBA guidelines to manage AML risks as part of the activities of crypto-asset...
EBA released guidelines amending ML/TF Risk Factors Guidelines to include crypto-asset service providers within its AML framework.On 16 January 2024, the European Banking Authority (EBA) released its...
11/01/2024
W&I insurance and taxes in Germany
In German M&A transactions with warranty and indemnity insurance (W&I insurance), special attention must be paid to tax issues due to reciprocal effects in the liability concept concerning the purchase...
11/01/2024
CMS advises Commerzbank on joint venture for digital payment solutions
Frankfurt am Main, Atlanta, - CMS, led by Dr. Tobias Grau and Dr. Florian Plagemann, has comprehensively advised Commerzbank on the formation of a joint venture with Global Payments, a leading global provider of financial technologies and software solutions (here). CMS regularly advises banks and payment service providers on M&A transactions and regulatory matters, including Commerzbank's repurchase of the installment loan business from BNP Paribas. CMS Germany Dr Tobias Grau, Partner, Co-Lead Dr Florian Plagemann, Partner, Co-Lead Birgit Schlemmer, Senior Associate Dr Kai Wallisch, Partner Dr Tobias Kilian, Of Counsel Dr Marcel Hagemann, Partner Dr Christian Zielonka, Principal Counsel Carmen Hübner, Senior Associate Dr Maximilian Stark, Senior Associate Dr Miriam Bach, As­so­ci­ate Kath­rin Dengel, Associate Gustav Isele, Associate, all Corporate/M&A Dr Markus M. Pfaff, Client Relationship Partner Moritz Gerstmayr, Coun­sel Char­lotte Salathé, Counsel  Marcel Moussaoui, Associate Mohal Jennifer Egzau, Associate, all Banking & Finance Philipp Lotze, Partner Dr Michael Kraus, Partner Dr Anna Lena Füllsack, Senior As­so­ci­ate Theresa Lenger, Senior Associate, all TMC Kai Neuhaus, Partner Dr Björn Herbers, Partner Moritz Pottek, Counsel, all Antitrust, Competition & Trade Jörg Schrade, Part­ner Chris­ti­an Linseisen, Senior Associate, both Tax Dr Oliver Simon, Partner Dr Michael Rein, Principal Counsel Dr Philipp Deuchler, Senior Associate, all Labor, Employment & Pensions Commerzbank AG (Legal) Dr Benedikt Leffers (Group Legal, Head of Corporate / Regulatory Law)  Lars Kauer (Group Legal, Senior Legal Counsel, Corporate / Regulatory Law)  Markus Vetter (Group Legal, General Counsel, Technology, Data & In­fra­struc­ture) Carina Erlenwein (Group Legal, Senior Legal Counsel, Sales, Account Management, Payment Trans­ac­tions) Press Con­tact presse@cms-hs. com
29/12/2023
Tackling the misuse of crypto-assets for ML-TF purposes
As a constantly evolving sector, the crypto-assets ecosystem presents continuous challenges, particularly in terms of money laundering and terrorist financing (ML-TF) risks.To tackle the misuse of crypto-assets...