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Banking & Capital Markets

Between bulls and bears: risk-proof legal advice and professional implementation are in demand.

Increasing regulation, a growing focus on ESG and compliance, the rise of digitalisation are creating new challenges for companies operating in the financial markets. In a challenging market environment, solution-oriented and professional legal advice is crucial for any project to be successful. Our young, dynamic banking and capital markets team provides expert advice to a wide range of companies, from renowned financial institutions to promising start-ups.

Clients and accounts – banking contracts on trial

Our services include ongoing (civil and regulatory) advice to credit institutions and financial service providers as well as drafting, adapting or redrafting existing contracts and internal guidelines to meet new legal requirements.

In the area of banking contract law, the adaptation of forms plays an important role in view of the harmonisation efforts of the European legislator and the extensive case law on the review of general terms and conditions. Our expertise in this area enables us to deal efficiently with inevitable consumer law complaints both in landmark and class actions and to find robust solutions in cases where contracts have been drafted without regard to legal certainty.

Capital flows and banking pools – a focus on finance

One of our key areas of expertise is assisting companies and financial institutions in the structuring and restructuring of domestic and international financing. In particular, we have been advising on acquisition and project finance, real estate finance, structured finance, syndicated finance, trade and export finance as well as restructuring finance for many years. In addition, we provide ongoing support in the creation of intra-group financing arrangements, such as the establishment of a cash pooling system or the structuring of inter-company loans.

New legal frameworks call for new solutions: Following the pulse of time, our clients have shifted their focus to ESG-related or green financing and investments. We support them not only in structuring loan agreements in accordance with existing ESG guidelines and green certificates, but also in structuring green bonds in line with existing EU standards.

As a borrower, but especially as a lender, our clients benefit from the expertise of our banking and capital markets team, who provides pragmatic and efficient solutions in the structuring and implementation of their financing transactions.

Banking litigation

We regularly represent credit institutions and financial service providers in all types of proceedings, whether before national and international arbitration courts, Austrian civil courts or before all types of authorities. In this regard, we advise our clients not only in cases where they have been given bad investment advice, but also in any kind of litigation arising from unlawful contractual provisions and similar.

Capital market

The public issuance of securities and bonds as well as alternative financing based on crowdfunding require a targeted eye on structuring and implementation. We assist our clients on an ongoing basis with the structuring of bonds or other financial products, as well as in the implementation of crowdfunding initiatives. Our advice ranges from identifying and drafting the correct prospectus to assisting with the launch and allocation of the securities offered.

We also provide ongoing advice to listed stock companies (preparation of general meetings, assistance with disclosure and compliance obligations, etc.) and advise and assist them and their shareholders on all capital market law issues (such as takeovers, relisting and delisting of listed securities, etc).

Regulation and restructuring

Strongly increasing regulatory requirements for banks and more extensive disclosure obligations for companies require qualified advice in areas that have traditionally been handled in-house on a regular basis. EU-wide legal harmonisation is forcing national tax auditors, financial market regulators and banks to reconcile familiar approaches with new requirements. Regulatory requirements and areas of law previously dominated by civil law are increasingly intertwined – especially in the area of the CRR, which requires multidisciplinary thinking and action. With our expertise in public law and the resulting ability to provide qualified advice, especially at the interface between regulatory law and traditional civil and corporate law, banks rely on us for complex issues of CRR and cross-institutional liquidity protection as well as in the transfer or merger of institutions or individual business units within a professional association or when changing a professional association.

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