experience counts.

Past performance is not a guarantee for the future, as I keep writing into fund prospectuses. Still, the following examples of past and current work for clients may give you a flavour of my advisory topics and experience.

asset management

  • Advice on Sustainable Finance Disclosure and Taxonomy Regulations
  • Drafting of prospectus under the EU Money Market Funds Regulation
  • Advice in respect of the EU Benchmark Regulation 
  • Legal opinion for international asset manager on investor claims and recourse to depositary bank after taxation errors
  • Restructuring of Riester funds (German pension scheme funds) in respect of the guarantee element
  • Structuring of JV, negotiation and documentation of German closed-ended hydro-energy fund with institutional and retail tranche, BaFin approval
  • Legal opinion on performance fee dispute caused by negative interest rates
  • Advising on distribution options for Cayman AIF into Germany
  • Legal opinion on novel commission structure for distribution of funds
  • Drafting and negotiation of all custodian agreements for German AIFM
  • Conversion of Altersvorsorge-Sondervermögen (German Pension-AIF)

financial services

  • Advice on CRR-compliant structuring of securitisation of dealer debt for global car manufacturer
  • Advice on MiFID II und PRIIPs-Regulation for asset managers, MiFID firms and a non-finance company (position limits for commodity derivatives)
  • Licensing procedure with BaFin and Deutsche Bundesbank for German MiFID firm
  • Setting up of German branch for UK MiFID firm
  • Brexit advice to US/UK institution in view of restructuring its licensable business in Germany (subsidiary, branch, tied agent)
  • Conception and implementation of double structure of tied agent and branch for EU financial institution
  • Drafting of terms of agreement with success fee for M&A advisory firm
  • Advising in respect of German EU branch audit by BaFin
  • Multiple ownership control procedures with BaFin for new shareholders in German regulated entities

payment services and e-money

  • Structuring of e-commerce platform for digital products integrating a 3rd party PSP
  • Structuring of distribution models not requiring a money remittance license
  • Conduct of licensing procedure with BaFin and Deutsche Bundesbank for German acquirer
  • Conception and clearance with EU regulator of license-free platform for digital in-game items
  • Distribution concept for tv sport licenses and clearance with the BaFin
  • Concept and legal opinion for license-free sale of in-game currencies
  • Advice on payment services aspects for online-lottery
  • AML compatibility of new sales initiative contemplated by payment services institution
  • Product and process advice in respect of implementing PSD II

fintech

  • Advice on Crowdfunding for professional Football clubs
  • Concept of Robo Advice offering excluding the provision of licensable investment advice
  • Regulatory review of mobile payment solution for parking fees

investments by insurers

  • Securitising US property fund for Solvency II investment by German insurance company
  • Advising EU fund manager on structuring renewable energy fund for non-Solvency II insurers in accordance with the Investment Regulation (Anlageverordnung)