Ein Brief, welcher ausgehändigt wird

Subscribe to our Newsletter

Subscribe to our newsletter to get the latest news.

Please check your email inbox.
Something went wrong. Please try again later
Please check your email inbox.
Something went wrong. Please try again later
Please check your email inbox.
Something went wrong. Please try again later
Please check your email inbox.
Something went wrong. Please try again later

Banking & Finance Law

Our lawyers for banking and capital market law have many years of experience in disputes with credit institutions, financial service providers and other companies active in the securities market.
Initial Consultation
Banking & Finance Law
Supervisory law

What must you consider from the perspective of banking supervision in shareholder financing? How is a merger control procedure conducted? Is your business model affected by the obligations of the Payment Services Supervision Act (ZAG)? Supervisory law governs the actions and individual measures that authorized persons in the banking and capital services sector may perform and undertake.

This is a complex and confusing legal field, resulting in high entry barriers: Do you know which reporting and notification obligations you must fulfill? What capital requirements do you have to meet? Which authorization and prospectus obligations are involved when starting a business? Are innovative solutions such as Initial Coin Offerings (ICOs) suitable for you? Violations of any kind can have drastic consequences, some of which may also be criminally sanctioned. Therefore, it is crucial that all activities in this area are carried out with the utmost care.

Whether banks or savings banks, investment advisors, asset managers, or initiators of funds, capital, and asset investments: all are affected by regulatory issues. We recommend seeking legal advice.

Bitcoins & other cryptocurrencies

In addition to conventional physical currencies like the Euro or Dollar, there are also digital types. These are not printed but electronically generated and held in so-called blockchains (public databases). They are also known as cryptocurrencies, with Bitcoin being one of them. These currencies are now considered legitimate assets for trading portfolios.The legal landscape is evolving rapidly, and the technological boom also carries risks: How can you participate without specialized knowledge? What do you need to know about this financial tool? What dangers might lurk in dealing with invisible currency? How can you protect yourself from fraudsters?

Loan Agreement Law and Credit

A loan is a contract between two parties. The lenders provide the borrowers with money or other resources for a specified period. Borrowers may be companies, while lenders are typically financial institutions. For example, a loan can be taken out as a business credit.In addition to the duration, a loan agreement should include terms such as the interest rate, repayment method, and securities. Many people are unclear about the obligations arising from a loan contract. What about your liability? What should you pay attention to before signing the contract? What pitfalls might you encounter? How do you cancel or withdraw from overpriced contracts?

Our Experts for this Specialty

Dr. iur. Jan-Michael Rädecke LL.M.

Partner, Lawyer, Specialized Lawyer for Banking and Capital Markets Law, Specialized Lawyer for Tax Law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Dr. iur. Alexander Nefzger

Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Sandra Mora Berlin

Lawyer, Specialized Lawyer for Insurance Law, Specialized Lawyer for Banking and Capital Markets Law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Thorsten Prigge

Partner, Lawyer

Kontakt activelaw TelefonKontakt activelaw E-Mail
Financing of aircraft

If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.

Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.

Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.

Import / VAT on Aircraft

When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.

Registration of Aircraft

For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.

Ownership and Management Contracts

Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.

Advice on the different operating forms (AOC, NCC)

We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).

Transaction consulting

For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.

Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.

We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.

Formation of SPCs

To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.

Dr. iur. Alexander Nefzger

Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Matthias Reuleaux, LL.M.

Lawyer, of Counsel

Kontakt activelaw TelefonKontakt activelaw E-Mail
David Meixner

Lawyer, of Counsel

Kontakt activelaw TelefonKontakt activelaw E-Mail
Edward Stoye

Lawyer, Specialized Lawyer for Commercial and Corporate Law

Kontakt activelaw TelefonKontakt activelaw E-Mail

Aircraft Damage Claims

When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.

Aircraft Damage Claims

Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.

Aircraft Leasing Agreements

In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.

Employment and Freelance Contracts for Pilots

Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.

Maintenance Agreements

Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.

Corporate Law

As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.

Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law

That's what you can expect

This is how we work at activelaw

Your Information

You tell us about your situation, we review your documents. We will give you an initial assessment of your case as soon as possible.

Your opportunities

Our experts will advise you on your chances of success and the individual options for your case.

Our promise

We advise and represent you in all legal matters until your request is successfully implemented.

Do you have specific questions or a particular concern?