Advising on all financial regulation.

STARKE. LEGAL. is focusing on the following specialist areas:

asset management

  • Investment Funds: conception, documentation and investments of UCITS and AIF
    • for retail and institutional investors
    • domiciled in Germany or abroad, e.g. in Luxembourg
    • investing in any asset class, including Real Assets and Alternatives, e.g. real estate, renewable energies, debt, aircrafts
  • Management Companies: licensing and ongoing compliance
  • Distribution: requirements for cross-border distribution into Germany (from the EU, EEA or third countries), registration with the BaFin, updates and ongoing compliance

financial services

  • Advising on cross-border access to the German market
  • Use of the European passport
  • Conducting licensing and exemption procedures with the regulators BaFin and Deutsche Bundesbank
  • Use of tied agents: contracts and registration with the BaFin
  • Advising on CRR-compliant securitisations
  • Drafting and reviewing of contracts, e.g. client agreements, distribution agreements and outsourcing agreements
  • Advising on Compliance duties and processes
  • Review of marketing and sales material

payment services and e-money

  • Advising payment services providers (e.g. acquirers, payment processors, money agents) and e-money issuers
  • Structuring of non-financial offerings, e.g. e-commerce, internet platforms and entertainment/gaming in respect of licensable activities such as money remittance or e-money business
  • Clearance or licensing of concepts with the regulators BaFin and Deutsche Bundesbank
  • Assistance to ensure ongoing compliance
  • Advice on Anti-Money Laundering regulations

fintech

  • Comprehensive advice on Fintech concepts and applications
  • Structuring of concepts in line with financial supervisory requirements
  • Conception of an adequate civil law contractual framework
  • Current area of activity are:
    • Blockchain - a holistic legal task, puzzle and challenge
    • Robo Advice - on the dividing line between licensable and license-free activity
    • Crypto currencies, tokens and ICOs as investment or funding alternative
    • Crowdfunding as an alternative funding source

investments by insurers

  • Advising asset managers on structuring investments satisfying the supervisory requirements of German insurance companies, occupational pension schemes and pension funds
  • Conceiving and setting up structures (feeder or parallel funds, securitisation vehicle) to enable insurance investments into existing funds
  • Solvency II advice
  • Advice in respect of the Investment Regulation (Anlageverordnung) and BaFin regulations for non-Solvency II insurers und pension schemes
  • Legal opinions on the investability of assets
  • Due Diligence of investments: review of prospectuses, subscription agreements, side letters and other documentation

SHARING.