Banking & Finance

At Barber Odenbach we pride ourselves with our excellent Banking & Finance track record — a level of expertise which is hard to find outside of major law firms.

Our background includes:

• The drafting and negotiation of legal agreements and non-binding arrangements concerning the initiation of finance deals such as
  • Confidentiality Agreements / Non-Disclosure Agreements (NDAs)
  • Letters of intent (LoIs)
  • Term sheets
  • Preliminary contracts (Vorverträge)
• Financial market regulations
• Money laundering law
• Reorganisation of the banking value chain
• Private and contract law relating to funds and debt products
• Drafting issuing documents (prospectuses and offering memoranda)
• Establishment and design of German, English, Luxembourg, Irish and Cypriot investment vehicles
• Purchase of receivables portfolios
• Structuring of the liabilities’ side of the balance sheet
  • Equity in entitities and organisations (GmbH, AG, etc., partnerships)
  • Various forms of hybrid capital, e.g.
    • simple subordinated loans
    • qualified subordinated (qualifizierter Rangrücktritt) loans
    • Pass-through loans
    • Participations by means of typical and atypical silent partnerships
  • Structuring and negotiation of various forms of senior debt capital, e.g.
    • Bank loans
    • Non-bank loans
    • Bearer bonds
    • Registered bonds (Namensschuldverschreibungen)
  • So-called innovative forms of financing such as leasing, factoring or securitisation of assets (asset securitisation – the process of creating asset-backed securities/ABS)
  • Derivatives, in particular repos (repurchase agreements), swaps and options
• Tax law implications
• Insolvency law implications
• Implications in relation to regulations including those on money laundering and data protection