Banking law, capital market law and investment law

Mr. Fürstenow advises and supports clients in banking law, capital market law and investment law.

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Credit trans­ac­tions

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Capital market law

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Revocation of loan contracts

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Investor protection

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Account and payment trans­ac­tions

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Funding

Credit trans­ac­tions

Credit trans­ac­tions, in particular the granting of money loans, are the classic focus of banks and savings banks. In the case of consumer loans and, in particular, real estate loans, the borrower should seek legal advice solely because of the imbalance between the contracting parties, but also because a lot of money is involved, especially in the acqui­sition of real estate. Also the usually long running time is to be considered with loan contracts.

Legal assis­tance is also offered for private loans, real estate loans, delivery credits, instalment payments and public promo­tional loans during the prepa­ration of the contract, but also during the execution, termi­nation or resched­uling of the loan agreement.

The German Banking Act (KWG) contains a compre­hensive codifi­cation of lending by banks to protect the functioning of the banking industry. This is achieved, for example, through concrete require­ments for lending (equity ratio, provision of collateral). A loan agreement, a security agreement to provide security (in the case of a real estate loan, a land charge should be entered in the land register) and, if necessary, a real estate purchase agreement should be coordi­nated.

Revocation of loan contracts

Due to inadmis­sible revocation instruc­tions in consumer loan agree­ments, it is sometimes possible to revoke the loan agreement even years later. In combi­nation with a bank that supports debt resched­uling, the borrower may be able to get rid of his high-interest loan agreement without early repayment penalty and save a lot of money in the future by signing a new loan agreement with lower interest rates. Or if the loan agreement is redeemed prema­turely by selling the property, the prepayment penalty can be saved in the event of a successful revocation and the remaining loan amount can be reduced.

Account and payment trans­ac­tions

The bank account or current account is the central point of the legal relationship between banks and their customers. Here too, there is a need for legal advice if, for example, a giro card or credit card with the associated PIN is lost through no fault of the bank customer — e.g. when a new card is sent — and the bank customer suffers a financial loss as a result of card misuse.

Capital market law, investor protection

The term capital market refers to the markets and stock exchanges on which capital invest­ments are traded (tradi­tional stock exchanges, commodity and futures exchanges and other trading venues). The aim of capital market standards is to ensure the proper functioning of the capital market and to protect investors. Attorney Fürstenow advises and repre­sents investors for the purpose of investor protection, who have experi­enced a financial loss e.g. due to wrong advice or breaches of duty during the mediation for worthless facil­ities.
By the acqui­sition of worthless real estates or by investment into other worthless invest­ments (real estate funds, company partic­i­pation, profit partic­i­pation certifi­cates etc.) due to partly intended wrong consul­tation of the investment advisors investors are again and again seriously damaged finan­cially.

With the experience gained from numerous investor law-suits and negoti­a­tions with unwanted contract partners, attorney Fürstenow offers compre­hensive advice and support to injured investors. The first step is to check whether there is any possi­bility of indem­ni­fying the investor or reducing the loss. Depending upon organi­zation of the circum­stances different damages and persons which can be taken up come into consid­er­ation: investment advisors or investment mediators, estab­lishment partners etc.

Attorney Fürstenow also offers advice and repre­sen­tation of investment advisors or investment inter­me­di­aries who are wrongly called upon. Because also despite dutiful investment consul­tation an investment cannot develop as desired. Never­theless, then a scapegoat is looked for and found in the investment consultant or investment mediator.

Funding

The right form of financing is crucial, especially during the start-up phase of a company and during the initial phase of newly founded start-ups. But even estab­lished companies that are on a growth course or want to realize individual new projects are faced with the task of finding the right financing. A variety of financing forms have to be considered, starting with tradi­tional financing on the capital market (e.g. share issue), through new financing forms such as crowd­funding, to mezzanine financing. Attorney Fürstenow offers legal advice and support in all financing matters, such as negoti­ating contracts with financing partners and others.

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