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Financial Law
Are you a customer of a credit institution or other financial services company and want to get an overview of the regulations in banking and capital market law? Our lawyers provide comprehensive information about the rights and obligations affecting both credit institutions and customers, with a focus on the business operations of banks, such as the issuance and trading of financial instruments.
Faulty Investment Advice
Have you received poor advice regarding your financial investments? Did your financial advisor fail to inform you about the risks of a product? Were you recommended shares in a risky fund with questionable creditworthiness? You do not have to accept this without protest. We help you take action.
If a bank provides incorrect financial advice, it must be held accountable. As an investor, you can claim damages if you were insufficiently or misleadingly informed by a financial advisor. However, proving this can be challenging.
When can you consider advice to be faulty? When bank customers are pressured into products that do not match their risk profile and life situation. In such cases, you are entitled to compensation.
What can you claim? If you take action against faulty investment advice, you can receive compensation in the form of the amount you invested (deposit amount) and the interest you missed out on, as you could have invested your money profitably elsewhere.
Whether it's a savings account, securities, or funds: Our banking and capital market law attorneys will take action against your investment advisor and help you recover your money.
Liability for Misuse of Payment Cards & EC and Credit Card Fraud
Have you lost your wallet? Before you could block your EC and credit cards, someone else made unauthorized purchases or withdrew money from your account? Your bank says you are liable for this?
Credit and debit card fraud is a crime that can cause significant damage to you as the victim. However, you are not necessarily liable in such cases; your bank is. If you have carefully kept your PIN confidential and have not allowed a third party to use the card or view the data, you have a claim against your credit institution. It is legally required that the bank must reverse unauthorized transactions and refund the debited amount.
This can be difficult: Financial service providers often claim their systems are secure and that using a card without the associated PIN is impossible. Consequently, they may accuse you of gross negligence in causing the withdrawal or transaction.
You are not powerless against this. We advise you on your rights and options. Our banking and capital market law attorneys will help you take action against your bank or financial service provider.
Prospectus Liability: Liability for Defective Prospectuses
A prospectus contains information about a company and its finances for potential shareholders. When a company offers new shares, it issues such a document to provide buyers with the necessary information to make an informed judgment about the company:
Assets and liabilities of the company
Financial condition
Profits and losses
Future prospects of the issuers and any guarantors
If this prospectus contains false information, the responsible party must be held accountable. This includes incorrect data crucial for assessing the investment being offered.
There are various errors a prospectus can contain. If you suspect you have been misled by false information, come to us: We will examine your prospectus for discrepancies and take action against the responsible parties if you have been misadvised.
Unauthorized Bank Fees
Many banks have charged unauthorized account maintenance fees in recent years. This practice is illegal because consumers had limited means to oppose fee increases.
Credit institutions have informed their customers about planned price or terms changes at least two months in advance. These adjustments were considered agreed upon if the customers did not object. However, silence is not consent: Bank clauses or other unfavorable agreements have no contractual validity without explicit customer approval.
These may seem like small amounts, but they add up significantly. It is very likely that nearly every contractual relationship includes unauthorized fees.
We recommend promptly filing an objection with your bank. Our experts will explain the situation, review your contracts, and help you take action against unauthorized bank fees.
Revocation of Loan Agreements
To take out a loan or not? For most, this is a difficult decision, as it usually involves significant amounts of money. Credit institutions must inform their borrowers about their legal right of withdrawal – whether for a mortgage or a car loan. In many cases, however, they have not properly implemented the legal requirements. As a result, you often have an unlimited right of withdrawal.
You can therefore rescind your contract, which can be very lucrative: High prepayment penalties can be avoided, and an early switch to a lower-interest loan is possible.
Get your money back! Our experienced lawyers will advise you and help you with the revocation of your contracts.
Reports are increasing that private individuals are falling victim to Bitcoin fraud. Advertisements circulate on the internet, promising that investing in Bitcoin trading with specific providers can yield a lot of money. What initially sounds very enticing is often, in reality, fraudulent companies: they advertise returns of astronomical heights, which are not feasible. Otherwise, the trading concept with Bitcoins would not be realizable for providers under real economic market conditions.
The aim here is merely to gain control of others' financial resources. If you have fallen victim to such fraud, you need legal assistance. We advise you on all cryptocurrencies and help you claim your damages. Additionally, we enforce any compensation claims against your fraudsters.
Taxes are the most important revenue for the state, and every citizen in Germany must pay them. There are countless types: income tax, value-added tax, church tax – the list is long. Regardless of the type, all taxes have a set of rules that must be followed. The complexity of these requirements can quickly become overwhelming, as with gift tax, inheritance tax, and income tax. However, our contract law attorneys keep your finances in check.
Income Tax
In Germany, a so-called income tax is levied. Not all income is taxed, but rather, depending on the type of income, net profits or surpluses. But who is actually liable to pay income tax? When does something count as profit or surplus? What can be deducted for each type of income? Due to the complex legal situation, a series of questions arise, bringing various risks.
Therefore, contact our attorneys: Our experts provide comprehensive advice and support regarding your income tax.
Gift and Inheritance Tax
When living persons voluntarily transfer assets (e.g., real estate, stocks, luxury cars, etc.), it is considered a gift. Since this must be taxed, there is a gift tax. When assets are inherited from a deceased person, the inheritance tax regulates the financial obligations. Gifts and inheritances are subject to the same tax rates and valuation rules. In addition, almost the same percentages and tax exemptions are applied.
What sounds simple can hold many risks for you. Our contract law attorneys will inform you about the pitfalls you may encounter. We will examine your individual case and advise you on your options.
Our Experts for this Specialty
Partner, Lawyer, Specialized Lawyer for Banking and Capital Markets Law, Specialized Lawyer for Tax Law
Lawyer, Specialized Lawyer for Insurance Law, Specialized Lawyer for Banking and Capital Markets Law
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.
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.
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.
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.
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).
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.
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.
Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law
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.
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.
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