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Archive for the Author ‘Dr. Annette Wagemann’
PSD 3 & PSR: Implications for Licensed Payment Services in Germany
On June 28, 2023, the European Commission unveiled its draft for an updated European Payment Services Directive, known as the Payment Services Directive 3 (PSD 3). The aim of PSD 3 is to further streamline the laws across member states, while […]
Electronic Securities and Crypto Securities in Germany
Corporate financing by issuing blockchain-based securities in fully digital form becomes possible On August 11, 2020, the German Federal Ministry of Justice and the Federal Ministry of Finance published a draft law on the introduction of electronic securities. This paper is […]
Entrepreneur Loan in Germany: Risks, Restructuring, Contract Clauses
Rapid debt relief for viable companies in financial difficulties through EU restructuring directive On June 20, 2019, the European Parliament and the Council of the European Union issued Directive (EU) 2019/1023, referred to as the “Restructuring Directive”. The directive is to […]
New BaFin Information Sheets: An Overview of The Most Important Changes
Changes for managers and supervisory bodies of regulated institutions under German supervisory law On June 3, 2020, the German Federal Financial Supervisory Authority (BaFin) submitted drafts of the information sheets it had revised as well as various forms of the Ordinance on […]
Advance Payments in Germany During Corona Times – Secure Your Business
We are currently increasingly noticing that many companies in Germany are demanding advance payments for their goods and services. Entrepreneurs often go into high financial outlay (working time, materials, etc.). Therefore, they use the possibilities to reduce the financial risk by […]
Introduction of Electronic Securities in Germany: This Is A Challenge For Issuers
Digitization effects and innovative technologies such as the blockchain increasingly influence the financial market. The German Federal Ministry of Justice and Consumer Protection, together with the Federal Ministry of Finance, has responded with a key issues paper on the introduction of […]
Coronavirus: Short-term Financial Assistance for Companies in Germany
Management must comply with obligations regarding organization and professional conduct In Germany, the coronavirus crisis is leading to supply shortages, employees not being able to work and revenue losses. It is not yet clear whether German legislators will rule on a […]
Crypto-Custody Business in Germany: BaFin Provides Licenses
As WINHELLER reported lately, the fifth European Money Laundering Directive was implemented by the German parliament in November 2019. The directive came into force on January 1, 2020. As a result, Germany and the other member states of the European Union […]
Establishment of a Subsidiary for Financial Services in Germany
The establishment of a branch in Germany offers European companies an undreamt-of advantage. This advantage will be revealed below. Furthermore, the relevant supervisory law for the establishment of a subsidiary in Germany will be examined. Freedom of permission for the establishment […]
Obligations of Issuers of Financial Instruments in Germany
Companies raising money on the capital market by issuing shares or debt securities usually have to publish an information prospectus for investors. However, it is not enough for issuers to publish this so-called securities prospectus. There are a number of other […]