Banking and Capital Market Law

We offer our clients comprehensive expertise as well as tailor-made solutions in the field of banking and capital market law. Our spectrum of extrajudicial and judicial advice and representation ranges from financing and seizures to the compulsory enforcement and/or defence of claims.

Advising regionally and internationally active clients on loan and credit agreements, syndication agreements, mortgage and real estate loan agreements, pledge and surety agreements as well as bank guarantees are just as much a matter of course for us as answering questions on the Payment Services Act (ZaDiG), Consumer Credit Act (VKrG) as well as the Mortgage and Real Estate Act (HiKrG).

When we advise on project financing, our clients benefit from our extensive know-how in corporate law and the combination of local market knowledge, personal and individual support on site, and our expertise with regard to the prohibition of return of deposits.

We also provide our clients with comprehensive advice on issues relating to savings (e.g. savings books) and securities investments (e.g. advisory errors, investor profiles, bond and share purchases) as well as compliance with the rules of conduct under the Securities Supervision Act (WAG).

We assist our clients in banking contract matters as well as banking supervisory matters. This includes, in particular, drawing up statements for the banking supervisory authority as well as appeals against supervisory decisions. In doing so, we keep an eye on related liability issues that apply to management and supervisory board members as well as officers of credit institutions and banks, plus compliance with “fit & proper” criteria.

When advising our clients, we also pay special attention to the delicate relationship between banking secrecy according to the Banking Act (BWG) and the numerous legal and judicially imposed duties of disclosure.

Areas of focus:

  • Preparation and review of financing agreements (credit, loan, syndication agreements, real estate and project financing)
  • Return of deposits and insolvency law issues
  • Banking supervisory law (legal issues and problems concerning the Financial Market Authority (FMA), ECB, Austrian National Bank (OeNB), EBA)
  • Banking contract law (contract and product review and product design)
  • Compliance and money laundering
  • Stock exchange and capital market law
  • Mergers & Acquisitions

Contact persons :

Dr. Stefan Kofler

Dr. Edwin Grubert, LL.M.

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