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 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).

We advise banks and financial services institutions, payment service providers and investment companies on licensing procedures and regulatory issues. The key areas of focus are issues related to internal structure and process organisation, outsourcing, and requirements in terms of liquidity and capital. Other regulatory matters include the prevention of money laundering, compliance requirements and international law aspects.

Service portfolio

• Licensing
• Capital and liquidity requirements
• Outsourcing
• Banking contract law
• In-court and out-of-court dispute resolution with customers or other banks
• Compliance requirements and assessment of specific cases
• Development and legal assessment of new banking products and financial instruments
• Requirements under the German Securities Trading Act
• Cross-border banking transactions, inbound and outbound
• Prevention of money laundering
• Litigation