Capital market & banking law
Areas of expertise
In both capital market law as well as banking regulation there is an unprecedented thicket of regulations consisting of various levels of Union law and national law. Legal development in this field is dynamic with regular changes being the order of the day. In such an environment, professional legal advice based on in-depth know-how and experience is indispensable. We support our clients on questions of insider and securities compliance, regularly advise on stock exchange legislation, the Market Abuse Regulation and the Securities Supervision Act. And, of course, we also defend you vis-à-vis the FMA in administrative (criminal) proceedings for alleged infringements of the law or vis-à-vis clients/investors.
Our core competences also include advising companies, banks and insurance companies on all financing issues. Our advisory spectrum begins with classic capital market transactions such as IPOs, capital increases and corporate bonds. The latter, in particular, is experiencing an ever increasing importance of sustainable financing in our advisory practice, such as green bonds, ESG-rated bonds and social bonds. We also support our clients on growth financing (venture capital, private equity) and advise on crowd investing and crypto. And we also assist our clients with loan financing and the provision of loan collateral.
Further focus areas of our expertise include advising listed companies, banks and insurance companies on stock corporation law, such as share buybacks, re-sales of own shares, general meetings, corporate governance issues including questions of directors’ liability and much more. And this is where one of our particular assets comes to light: working at the interface between capital markets and corporate law.
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“The capital markets team has developed into a key pillar of the firm as a whole. This is due to a combination of advice on emissions, for example for the electricity producer and trader Oekostrom, and ongoing work for a number of listed financial institutions and industrial companies in capital markets law compliance and money laundering prevention. Based on this advice, the lawyers act as authorized proxies for several companies at virtual general meetings and repeatedly advise on the interface with corporate law, for example on venture capital financing and employee shareholdings. The success is reflected in the expansion of the team, which now includes a lawyer in addition to partner Gernot Wilfling.”
“Praised as ‘a flexible boutique‘, Müller Partner Rechtsanwälte increasingly deals with mandates from regulated entities such as banks, insurance companies, and investment businesses, and increasingly represents clients in administrative criminal proceedings; clients benefit from the experience of Sebastian Sieder, who was formerly employed by the Enforcement and Law Department of the FMA. Practice head Gernot Wilfling is a particular expert in capital markets compliance work.”
