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Archive for the Author ‘Dr. Annette Wagemann’
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 […]
Banking License and Brexit: Here is the Cost of a German BaFin License
The UK is presently heading for a “hard” Brexit. If this happened, the country would leave both the EU and the European Economic Area. Many UK banks and financial services providers are therefore right to consider relocating their domicile or business […]
Protection Against Cyberattacks for German Banks and FinTechs
Digital attacks against banks and financial services providers pose major challenges not only on that sector but also on the legislator and the financial supervisory authorities. In 2017, nearly 10 billion cyberattacks occurred worldwide. Apart from spam and phishing, the main […]
Collateral Security Law: No General Right to Exchange Collaterals in Germany
The German Federal Court of Justice (Bundesgerichtshof; “BGH”) recently ruled that a collateral provider, which has agreed on a specific collateral with a secured party, may not demand that said collateral be exchanged for a different one the provider finds more […]
Standardization of Prospectus Requirements Under European Prospectus Regulation
The European Parliament approved the regulation on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market. The new law is part of the European Capital Markets Union which is planned […]
Providers of Investments Required to Publish Prospectuses in Germany
In 2017, the Act Amending Financial Market Regulations came into effect in Germany. The expansion of the obligation to draw up a prospectus has a particularly strong effect for providers of investments such as wood, container or other material investments. Previously, […]
Reducing liability risks by investment prospectuses
Any so-called soft costs contained in an investment need to be described in the related investment prospectus in an accurate and easily understandable way. This ensures that investors can see how much of their money will not be spent on the […]
Payment Accounts Directive – banks will soon have to set up an account for anyone
As of this summer, the new Payment Accounts Directive will be transposed into the national law of each member state of the European Union. For this reason, the German Bundestag adopted the new German Act on Payment Accounts on April 11, […]
New rules for real estate credit intermediaries in Germany
While to date, real estate lending intermediaries only have to overcome a few regulatory hurdles in Germany, this is going to change soon based on the European Residential Immovable Property Credit Directive, which is now being transposed into German law. The […]