banking law
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Don't be at the mercy of the bank
There are around 1,500 credit institutions in Germany, which generated a total of around 17.3 billion euros in 2021. Although bank customers often place a high level of trust in their bank, the contracts, terms and conditions and advice are not always legally sound. Whether it is investment advice on a dubious property or exercising the right of withdrawal for financial products - significant amounts of money are always involved. So that you as an investor or bank customer can enforce your rights against the bank, the legal framework of banking law is of central importance.
Our areas of expertise
Help with Misadvice
Support in enforcing claims due to incorrect advice in the consumer sector. We help to protect your rights against inaccurate information.
Improper securities transactions and asset management
Analysis and legal support in the event of incorrect securities transactions or disputes in asset management in order to avoid or reduce losses.
Help with Investment Fraud
Comprehensive legal support for victims of investment fraud, from damage analysis to enforcement of claims.
Credit security law: land charges, guarantees
Advice on loan collateral such as mortgages and guarantees to protect the legal and financial interests of your company.
prepayment penalty
Get advice from our lawyers for banking and capital market law and avoid unnecessary prepayment penalties.
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1lawsuit & trial
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2Success
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3Banking and capital market law – what does it include?
Banking and capital market law regulates, among other things, the business relationship between credit institutions, such as banks and savings banks, and their customers. It also deals with legal issues relating to financial services. The most important sub-areas include:
- General Terms and Conditions (GTC)
- Right of Withdrawal for Consumer Loan Agreements
- Loan agreements and loan collateral such as guarantees, mortgages and liens
- orders and business management contracts
- Regulations for payment transactions, including credit cards, debit cards, online banking, transfers, direct debits, bills of exchange and cheque transactions
- Securities law, also in connection with custody and investment transactions as well as investment advice
- leasing and factoring
- banking contract law
- Legal questions regarding asset management
Different laws apply depending on the area. The basis is the German Civil Code (BGB), while the German Commercial Code (HGB) provides additional regulations in certain cases, such as commercial transactions. There are also specific laws, such as the German Capital Investment Code (KAGB), which regulate individual areas in more detail. Many European directives, for example on investment advice or payment services, have also been adopted as national laws in German banking and capital market law.
In all of these areas, the fundamental principle of trust plays a central role. The main business of banks - working with loans - is derived from the Latin "credere", which means "to trust". However, this trust is put to the test when contracts are burdened by legal problems. Legal difficulties can arise in areas such as early repayment penalties, incorrect advice and real estate loans. This often results in economic damage, which can give rise to a claim for damages or enable one party to withdraw from the contract.
Given the multitude of laws in banking and capital market law, it is easy to lose track. We will help you to clearly identify your rights and obligations.
We will take care of your case – quickly & with commitment.
No prepayment on loans
The prepayment penalty is an amount that is due when a bank customer repays their loan early. The main difference between a loan and a credit is usually the term and the amount. In both cases, the bank gives the borrower or borrower a certain amount of money that is repaid over a set period of time. In return, the bank receives a fee in the form of interest, which is often fixed over a certain period of time in the case of real estate financing. This makes it possible to calculate how much the customer has to pay for the loan or credit in total.
However, if the customer repays early, the interest is also lost, which means a loss for the bank, as the calculated interest income is lost. Therefore, banks and savings banks are not obliged to take back a loan if the interest rate has been fixed. Early repayment is only possible in certain cases, for example if the house financed by the loan is sold. In such cases, a prepayment penalty is due.
However, the bank may not demand early repayment compensation if the loan agreement was faulty - for example, if the customer was given insufficient or incorrect information when calculating the loan interest. In addition, there are statutory termination rights after the expiry of a ten-year interest rate fixation period (the so-called ten-year period).
Are you having difficulty getting out of your loans or are you afraid of early repayment penalties? We will stand up for your rights and defend you against unfair demands!
What to do if you receive incorrect advice?
Incorrect advice can lead to significant financial losses. Even though every investment carries a certain amount of risk and a total loss or the repayment of investments cannot always be ruled out, there are legal regulations to protect investors. These include the Securities Trading Act (WpHG), the Securities Prospectus Act (WpPG) and the Capital Investment Code (KAGB), which stipulate that banks are obliged to obtain comprehensive information about the financial situation and needs of the customer when providing investment advice in order to tailor the advice to the investor's risk profile.
Incorrect advice occurs when the risk or unsuitability of an investment is concealed by inaccurate or misleading information. For example, if an investor is recommended a shipping fund even though his risk profile is better suited to a real estate fund, or if a low-yield property is presented as a profitable investment.
The duty to provide information also includes transparency about possible commissions and clear risk information about the recommended investment. If a prospectus is provided in an incorrect or misleading manner, this can lead to prospectus liability. However, incorrect advice can be ruled out if the customer has already been correctly and comprehensively informed about all relevant information.
If incorrect advice is given, the investor has the option of reversing the investment and reclaiming all payments made.
Have you regretted your investment decision or were you given inadequate advice? We do not give incorrect advice. We will examine your case and help you to find possible solutions.
Early termination by the bank – what now?
Everything is going as planned - the loan has a favorable interest rate, the house is almost finished. But suddenly the bank terminates the loan agreement, and now the construction financing is at risk. But a contract is only terminated if the termination is legally effective. The bank can usually only terminate under certain conditions, for example if two consecutive installments have not been paid on time. In addition, a period of at least two weeks must be observed in which the customer has the opportunity to pay the amount due.
Have you got into financial difficulties and is the bank putting pressure on you? Do you think that the termination of your loan agreement is unlawful? We will examine the termination and advise you on your options.
The Right of Withdrawal – Your Joker in Banking Law
The termination of a loan agreement is not only a serious financial blow, but can also have long-term consequences such as a prepayment penalty and a negative SCHUFA entry. Therefore, many people are thinking about using their "cancellation joker". This means that instead of terminating the contract, the customer revokes it. In both cases, the loan agreement ends, but in contrast to termination, where the claims count at the time of termination, in the case of revocation the contract is completely reversed. This means that a negative SCHUFA entry and a prepayment penalty can be avoided.
Due to the changing legal situation, the conclusion of the contract is crucial. There is even the possibility that the right of withdrawal will apply permanently if the loan agreement was concluded incorrectly.
If the bank acts against your interests, use your right of withdrawal. We are at your side if you have legal problems and always have an ace up our sleeve when it comes to banking law.
Our service for you
We support you competently and reliably in all phases
initial consultation
Non-binding initial consultation and competent support from our experienced R&U legal team.
Evaluation
Individual assessment and evaluation of your chances of success when filing a lawsuit.
Selection
Targeted identification of the ideal jurisdiction with consumer-friendly judgments.
analysis
Detailed analysis of your case and identification of your personal claims.
strategy
Professional determination of the optimal legal course for the best possible result.
suit
Effective and determined enforcement of your claims throughout the proceedings.
support for phishing attacks
Online banking and bank cards are now indispensable in modern banking. But with these practical options comes the risk of card misuse and manipulation of online banking transfers. Phishing attacks in particular can quickly empty your bank account. Many people believe that in such cases the bank customer always has to bear the loss themselves. But in reality they are only liable if they acted negligently, for example if they should have recognized the fraudulent act. However, if the customer was not in a position to recognize the manipulation, the bank is obliged to compensate for the damage.
Are you a victim of fraud and the bank refuses to pay back your money? Don't let them fob you off with a rejection. As experts in banking and capital market law, we will fight for your claims and support you in enforcing your rights.
Many years of practical experience at your side
From our practical experience, we know that banking law and capital market law can be complex and difficult to understand. With us at your side, you can always keep track of your rights and obligations. Thanks to our many years of experience, we can offer you competent advice and representation - from investment advice to the right of withdrawal. We know the legal ways you can successfully defend yourself against the bank. Since short deadlines apply in many cases, it is important that you contact us quickly. Use our initial consultation for this.
As soon as you become our client, we will take on your case immediately. As lawyers specializing in banking and capital market law, we will of course always work with you in confidence. Together, we will work to realize your wishes and needs within the scope of legal possibilities.
If your bank becomes a problem, it can be expensive for you. As experienced lawyers in banking and capital market law, we are at your side in all matters and represent your interests.
Professional advice & support
We offer you professional and comprehensive initial advice in the area of banking and capital market law. Take advantage of your opportunity and avoid mistakes.
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