BANKING AND CAPITAL MARKET LAW
Many bank customers place great trust in their house bank. Unfortunately, this trust is all too often disappointed in practice, for example when a bank suddenly terminates a loan, terminates high-interest savings contracts, realises securities at a knock-down price, charges excessive or inadmissible fees, calculates interest incorrectly or if an investment product recommended by the bank turns out to be a loss-making business in retrospect. The reasons for disputes with a bank can be very diverse.
A bank client is usually unable to judge for himself whether the business conduct of banks is always legal. This is because bank or capital market products are often complex legal products, that are defined by complicated and often difficult to understand contractual texts. Furthermore, banking and capital market law is regulated by a multitude of very different laws of the German and – increasingly often – the European legislator, that can hardly be understood without in-depth knowledge of banking and capital law and knowledge of the “lived” banking practice. Moreover, the extensive case law on legal issues must also be taken into account.
If you also have problems with a bank or an investment company, you are welcome to contact us. We will help you with the assessment of your matter and the legal enforcement of your claims. In this connection, Mr. Kemper not only has sound legal knowledge in this field of law, but also, and above all, comprehensive insights into banking practice, having previously worked in a bank himself for many years and having studied business administration with a focus on banking.
In the following you will find some selected areas in which we – inter alia – provide legal advice and representation to bank clients.
Investment advice
- Review of the investment advice with regard to possible claims for damages by the bank client due to incorrect advice, e.g. investment advice on shares, funds, real estate, savings contracts, swaps, certificates, etc.
Savings products
- Review of interest calculations;
- Defense against contract terminations.
Credits or loans
- Assessment of the legality of “loan fees” (e.g. contract fees, processing fees, etc.), early redemption fees and non-acceptance fees;
- Defense against contract terminations;
- Revocation of loan contracts; in particular, assessment of the legality of revocation terms and conditions, whereby an incorrect revocation instruction could possibly entitle a borrower to a “low-cost” revocation many years after the conclusion of the loan contract (so-called “revocation joker”);
- Advice and representation in the repayment of loan receivables, in particular after termination of the loan agreement due to default of payment and/or deterioration of assets;
- Advice on debt rescheduling and restructuring negotiations.
Securities
- Advice on the creation or release of securities (e.g. land charges, guarantees, transfers of ownership by way of security, assignment of claims, etc.);
- Defense against enforcement measures, e.g. the realization of land charges, guarantees or the seizure of an account.
General bank account relations
- Legal advice on problems with account management, payment transactions or online banking;
- Review of the legality of charges levied;
- Verification of the legality of (so-called) “Schufa” records.
We also advise and represent you in all other banking law matters. Please contact us to let us know your concerns.