Insights

Legal analysis of short-selling bans in the European Union under Regulation (EU) No 236/2012, examining the powers of national authorities, market stability considerations and the impact on liquidity and price discovery in EU capital markets.

German AIFM light regime explained: how to structure a sub-threshold AIFM in Germany, including registration, eligible assets, investor categories, marketing rules and ongoing regulatory obligations.

The German law firm Kronsteyn drafts and reviews the MiCAR white paper for your utility token offering, submits it to BaFin on your behalf, and provides legal support throughout the entire duration of the public offering. Legal advice provided by a qualified German lawyer.

Overview of the requirements for a German banking licence under the KWG: procedures before BaFin and the ECB, distinction from WpIG/ZAG/MiCAR and key strategic considerations for foreign institutions.

Legal requirements for German hedge funds: establishment, structuring, BaFin authorisation and ongoing management.

In-depth practical overview of EU transaction bans with state-linked entities (Annex XIX) and listed Russian ports/airports (Annex XLVII): scope, indirect transactions, key derogations and compliance steps.

When a sanctioned person brings an action before the General Court of the EU challenging a listing decision by the Council, a specific time limit must be observed. Legal advice from a qualified law firm is essential in delisting procedures.

When a sanctioned person dies, heirs face barriers accessing frozen assets. Learn how to request EU delisting or take legal action if the Council refuses.

The EU has implemented specific secondary sanctions, thereby extending its existing sanctions regime.

A state liability claim due to a decision by a German stock exchange sanctions committee must be asserted against the federal state.

The EU Short Selling Regulation also applies to trading firms and investment funds located outside the EU/EEA (third-country firms).

Investment fund managers domiciled in the United Kingdom (UK) are generally permitted to market in Germany investment funds they manage.

Investment fund managers domiciled outside Germany must comply with specific regulations to market their investment fund in Germany.

BaFin's supervisory practice for granting license exemption for providing cross-border banking and financial services in Germany.

Originating loans in Germany generally requires a BaFin license, if the foreign investment manager cannot rely on a specific exemption.

German National Private Placement Regime (NPPR) provides rules for AIFM domiciled within and outside the EU/EEA that intend to market an AIF to German investors.

German REMIT representative for non-EU market participants: registration with Bundesnetzagentur/ACER (CEREMP), mandate & compliance under REMIT. Contact German law firm Kronsteyn.

Information on the legal background and what you can do, if your money or securities have been frozen by a German bank.

Gegen den Beschluss eines Sanktionsausschusses kann mit einer Frist von einem Monat Klage beim Verwaltungsgericht erhoben werden.

German DEHSt is the compentent authority for foreign aircraft operators in relation to the EU Emissions Trading System (EU ETS).