Banking & capital markets law

At Barber Odenbach we pride ourselves with our excellent banking & capital markets (securities) law track record.

Our background includes:

  • The drafting and negotiation of legal agreements and non-binding arrangements concerning the initiation of business 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 a 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
      • Profit participation rights
      • 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 interplay
  • Insolvency law interplay
  • Interplay with regulations such as money laundering and data protection law

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