Archive for the Author ‘Dr. Annette Wagemann’

Dr. Annette Wagemann

Dr. Annette Wagemann comprehensively advises companies and their managers on questions regarding business law and banking regulations. She is specialized in the legal structuring of business models, corporate governance and compliance, and especially in business models that require a BaFin license.

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PSD 3 & PSR: Implications for Licensed Payment Services in Germany

Sep 19, 23 • Banking Law, Banking Regulations • No Comments • Dr. Annette Wagemann

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

Sep 29, 20 • Blockchain, Capital Markets and Securities Law • No Comments • Dr. Annette Wagemann

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

Sep 29, 20 • Banking Law • No Comments • Dr. Annette Wagemann

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

Jun 30, 20 • Banking Regulations • No Comments • Dr. Annette Wagemann

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

Jun 30, 20 • Banking Law • No Comments • Dr. Annette Wagemann

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

Apr 3, 20 • Capital Markets and Securities Law • No Comments • Dr. Annette Wagemann

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

Mar 20, 20 • German Banking & Finance Law • No Comments • Dr. Annette Wagemann

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

Feb 14, 20 • Banking Regulations, Blockchain, Digital Currencies • No Comments • Dr. Annette Wagemann

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

Sep 26, 19 • Banking Regulations • No Comments • Dr. Annette Wagemann

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

Jun 28, 19 • Banking Regulations, Capital Markets and Securities Law • No Comments • Dr. Annette Wagemann

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 […]