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Banking

Competence, innovative power and implementation strength for the banking sector.

The financial industry is in a state of upheaval, as topics such as digitalization and sustainability, as well as increasingly complex regulation and innovative business models such as cryptocurrencies, present the banking sector with enormous challenges. That’s why we offer a multidisciplinary and practice-oriented consulting approach based on extensive industry knowledge.

We provide comprehensive advice to credit institutions, securities institutions, payment and e-money institutions, leasing companies, market infrastructure providers as well as other financial services institutions and furthermore to their boards, shareholders, contractual partners and other stakeholders on issues of German and European banking and financial supervisory law as well as on financing issues.

With our multidisciplinary approach, we also support our clients in corporate law, M&A transactions, IT and data protection law.

If required, we develop cost-effective, customized solutions and processes together with our market-leading Legal Process & Technology team and a team specializing in legal tasks in our Shared Delivery Center.

Consulting focus

  • Banking and financial supervision law

    We advise you on all issues of German and European banking and financial supervisory law. This includes, among other things, the analysis of licensing requirements, the support of licensing applications, the establishment of branches in Germany and abroad, the appointment and dismissal of management and supervisory boards, the issuance and structuring of equity instruments, and advice on outsourcing projects, including the drafting and negotiation of contracts.

    In addition to the implementation of new regulatory requirements, our wide-ranging expertise also includes the support of owner control procedures. In addition, we advise with an experienced team on questions of compensation regulation. Within the scope of our activities, we are in regular exchange with German and European financial supervisory authorities.

    In crisis situations, we advise our clients as part of integrated teams on restructuring, reorganization and, if necessary, liquidation or insolvency.

  • Bank Civil Law

    We provide comprehensive advice on all banking law issues. This includes, in particular, the clarification of issues of civil law relating to banking and the drafting of contractual terms and conditions for products and services under banking law.

    We also advise on the defense of mass actions as well as on complex disputes and litigation. Particularly in mass cases, we take on the adaptation and negotiation of customer contracts, for example with regard to regulatory changes or new court rulings. In doing so, we use technology-based solutions that promise to increase efficiency.

  • Compliance, data protection, money laundering and anti-financial crime

    Our range of consulting services in the area of compliance extends to, among other things, conducting and supporting external and internal audits and investigations, implementing new legal requirements, and providing comprehensive advice on data protection issues. We also have in-depth expertise in issues relating to money laundering law, including the optimization of client onboarding, as well as in issues relating to anti-financial crime and financial sanctions.

  • Digitization and Payments

    We advise you on all issues relating to digitization and payments. This includes, among other things, comprehensive advice on digitized and innovative products and business models, as well as advice on the digitization of customer onboarding, including issues relating to KYC processes and electronic signatures.

    Furthermore, we provide comprehensive support for outsourcing, including IT outsourcing and the use of cloud solutions. Further focal points of our consulting spectrum are legal issues around digital assets as well as consulting on the topics of Payments, ZAG, PSD2, Open Banking and cooperations between established institutions and FinTechs.

  • Financial law, bank finance and structured finance

    We offer comprehensive legal advice on all financing issues. This includes, among other things, the drafting and negotiation of financing and collateral agreements on the part of the bank or the borrower as well as the collateral trustee. We also provide support in the design and negotiation of alternative financing structures such as factoring, debt funds or banking-as-a-service models. We also have in-depth expertise in the design and negotiation of refinancing structures, including securitization.

  • M&A, transactions and outsourcing

    We provide comprehensive advice on corporate acquisitions, restructurings, cooperations, corporate actions, outsourcing and other transactions. In particular, we also advise on M&A transactions involving financially regulated entities. This includes legal due diligence, legal and regulatory structuring, preparation and negotiation of transaction documentation, preparation and support of financial regulatory notification and approval procedures (owner control).

    Furthermore, we support you in capital measures including capital increases and the issuance of AT1 and Tier 2 instruments, in the establishment of subsidiaries and branches in Germany and abroad, in outsourcing projects including outsourcing in the cloud area as well as in restructurings and cooperations.

  • "Extended workbench"

    We support legal departments of banks and other financial institutions in their day-to-day business with the concept of an “extended workbench”. In this way, we are actively meeting the challenge of rising work volumes, increasing regulatory density and the complexity of legal issues coming up against scarce human resources. In addition, we provide support with optimized processes and the use of LegalTech for issues with a high administrative workload as well as repetitive tasks. The legal department can thus better concentrate on its core tasks and core competencies, balance out work peaks and save costs.

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Your contact person

Dr. Andreas Wieland

Partner

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

tel: +49 69 951195848
awieland@kpmg-law.com

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 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

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