Banking Law at AIXLAW

Martin Speicher

Bar approved specialist in banking and capital market law.

Activity emphasis

His legal practice focuses on the various challenges of banking and capital market law, corporate law, inheritance law and tax law.

In addition to his forensic work, his main emphasis lies on legal advice in the establishment and restructuring of company structures, contracts and tax issues.

In particular, there is a special need for tax and corporate law advice on the structuring of company transfers, anticipated (hereditary) succession and the early settlement of one’s own estate.

Within the scope of banking and capital market law, Mr. Speicher naturally also represents the interests of consumers, in particular towards banks, insurance companies and investment advisors.

The banking and capital market law is concerning a very sensitve aspect of any bank client or capital investor – his financial security and econimcal future and the present liquidity.

Regarding the tenision between the legitimate interests of banks or financial service providers on one hand conflicting with the often enough frustrated expectations of their clients one the other hand two different aspects are to be considered. At first every client’s personal and economical freedom of choice has to be protected against widespread excessive and partially criminal obsession with profits of several financial institutions and investment brokers. On the other hand the negative consequences of wrong decisions of single investors shall not be shiftet onto the community of bank clients.

On one hand clients are not properly informed, the advice of brokers and financial counsellors is often directed only towards a maxium of profit for themselves and the inexperienced customer shall be prevented from excessive debts and wrong investment decisions.

One the other hand there are investors, who try to shift their speculation losses onto the community, although they were properly informed about the risk linked to the investment.

Another field in which legal counsel is highly advisible is concerning the lines of credit and overdrafts in times of financial crisis. Most often the delayed cancellation of some customers line of credit or the durable toleration of overdrafts puts the bank in danger of having to pay back revenues and interest to the receiver in insolvency. The reverse of the medal are business companies and private households who are effectivly administered by bank clercs who decide about the authorization for payments. Especially private households are often illegally burdened by unexpected reductions of lines of credit or overdrafts on occasion of special payments like Christmas bonus or extra vacation payments.

For Consumers

The banking and capital markets law concerns particularly sensitive points in your life: Your financial future planning and protection as well as your daily liquidity.

Our mission is to protect your personal and economic freedom from excessive profit-taking by various credit institutions, fund initiators and investment advisors. In particular, our advice focuses on the violation of obligations to clarify loan agreements or in investment counseling, the misconception of customers attributable to maximum own profit of the agent or consultant and basically the protection of inexperienced customers from excessive debt and wrong investment decisions.

In recent years, numerous consumers also had a need for advice on the revocability of consumer loan agreements due to incorrect cancellation policies, the partial unjustified termination of Bauspar contracts by building societies and wrongly received credit processing fees and prepayment penalties by banks and savings banks.

For Banks, intermediaries and investmant advisors

Our advisory work in banking and capital markets law is not limited to the representation of customer and investor interests, but also includes the comprehensive legal support of financial service providers such as asset managers, insurance intermediaries and brokers.

It is fundamentally important to us that the interests of the community of all bank customers be preserved, not to be burdened with the negative consequences of wrong investment decisions by individuals. It is important to prevent investors and investors from attempting to pass on the loss of speculation they have suffered after due consultation and information about the risks of the investments made to the community of bank customers or even personally impose it on the intermediary or adviser.

Within the framework of the supervision of financial service providers, the legal design of investment projects, participation models and funds (including the preparation of investment prospectuses) and in principle the preventive minimization of liability of advisory and brokerage activities are the focus of our service.

In addition, we can support all projects in areas including corporate law, labor law, insurance law and tax law, and therefore represent the optimal commercial law contact, especially for medium-sized financial service providers.

A topic that is equally sensitive to companies and private households, but nevertheless important, is the bank law advice on credit lines and overdrafts. It becomes legally problematic whenever bank employees actually take over the management of companies in crisis situations by approving payments and transfers, or private households through the usually surprising repatriation of disposition or overdrafts on occasions of cash receipt (eg Christmas or holiday pay ) are unlawfully charged.

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Banking Law at AIXLAW

Martin Speicher

For Consumers

For Banks, intermediaries and investmant advisors

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