Banking

Bankaufsichtsrecht

In banking supervisory law, we advise banks, savings banks, securities companies, payment service providers, FinTechs, outsourcing companies and unregulated companies with regulatory issues. Our services range from answering specific regulatory questions to transaction projects, such as permission and ownership control procedures, including taking over the communication with the regulatory authorities.

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We support among others:

  • Regulatory strategy and product design
  • Legal opinions
  • Proceedings (e.g. owner control proceedings, licensing proceedings, notifications, etc.)
  • Contract drafting (e.g. outsourcing and cooperation agreements, general terms and conditions)
  • Regulatory due diligence
  • Implementation projects
  • Country assessments on regulatory issues in almost all jurisdictions worldwide
  • Training for management and supervisory bodies
  • Administrative litigation with financial regulators

Our aim is to offer you holistic solutions. If required, we therefore involve colleagues from other areas of Deloitte (e.g. Tax, Risk Advisory, Financial Advisory, Audit & Assurance and Consulting) and our international network and develop customized solutions for you.

So feel free to contact us if you have questions, for example, about ...

Regulatory Law, Banking Supervision Law, Deposit Guarantee Law, Payment Services, Bearer Control Procedures, ESG, Money Laundering Law, Robo Advisory, FinTech, Crypto Assets, E-Money, Savings Bank Law, Banking as a Service, Outsourcing, Crowdlending, White Label Banking, Sustainability, Initial Coin Offering, Art Finance, Compliance, AML, European Passport, Corporate Governance, Sanctions... and many other topics.

We look forward to hearing from you!

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Recommendations

Bank Acquisitions – The Regulatory Perspective

The acquisition of Commerzbank shares by the Italian Unicredit has, to put it mildly, surprised the German federal government. The situation is prompting a review of the structure and procedure of the bank regulatory ownership control process required for acquisitions of Qualifying Holdings in credit institutions.
Perspective
7 minute read

Payment Services in eMobility

Our whitepaper provides insights into topics such as the complex price calculation with VAT specifics, systemic breaks, the lack of specialized solutions and payment services in the electromobility market. In particular we look at money remittance business, typical scenarios in outsourcing charging services and the limited range exclusion in an eMobility setting.
Analysis
5 minute read

Remainders of the national bank levy

Article in Börsen-Zeitung, published 14 December 2024 by Dr Mathias Hanten and Dr Moritz Maier. The collapse of Germany's Traffic Light Coalition (eponymously named after the political colours of the parties forming it) has significant legislative consequences—not least for the extensive pipeline of financial legislation. One pressing issue concerns how the remaining funds from the original national bank levy are to be used. Between 2011 and 2014, banks were required to pay this special levy into the federal special-purpose Restructuring Fund (RSF).
Perspective
5 minute read

Navigating the DORA contract compliance challenge

Reviewing and updating IT-related supplier contracts to match the numerous requirements formulated by DORA poses a tough challenge to financial entities, especially given the 17 January 2025 deadline. An efficient, systematic and digitally enabled review process is key to ensuring a DORA-compliant contract landscape.
Analysis
10 minute read

Reach out

Dr. Hannes Bracht

Partner
+49 69 719188432

Dr. Mathias Hanten, M.B.L.-HSG (St. Gallen)

Partner | Lead Banking & Finance Law
+49 69 719188424

Arne Wittig

Of Counsel
+49 69 719188430