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General Supervisory Law (Banking Act / CRD IV)

We accompany you with respect to any questions relating to general supervisory law:

  • We check whether you require a license from the ECB, the BaFin, the trade supervisory authority or another supervisory authority for your activities,
  • Licensing procedures for banks, financial services institutions and capital management companies,
  • Proprietary control procedures pursuant to section 2c Banking Act (KWG),
  • Drafting written organizational and procedural instructions (so-called organisation manuals),
  • Questions of regulatory capital adequacy under CRD IV,
  • Group law on the duties of financial holding companies and groups of institutions, as well as questions of financial consolidation in groups,
  • Appointment of managing directors, notification to the relevant supervisory authorities, preliminary clarification of CVs,
  • Cooperations with other service providers (outsourcing contracts),
  • Deposit Protection in accordance with the bylaws of the Deposit Protection Fund (Statuten des Einlagensicherungsfonds),
  • Investor compensation,
  • Remuneration and bonus arrangements (Regulation on Remunerations in Institutions (Institutsvergütungsverordnung)),
  • Accompanying special audits,
  • Advising “near-banks” (for example, family offices) and other banking service providers,
  • Market access to Germany and from Germany to countries of the European Union or to third countries,
  • Consultancy of FinTech companies in connection with the digitization of banking, for example, on licensing obligations, cooperation agreements with banks, data protection questions and other legal issues; and
  • Advising platforms on new forms of funding (crowdinvesting and crowdfunding) as a result of the Small Investor Protection Act (Kleinanlegerschutzgesetz).
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