Hauke Bornschein

FPS has many years of experience in factoring and leasing law and offers comprehensive support. FPS advises on the drafting of the relevant contracts (factoring agreements and leasing, hire-purchase and rental agreements for movable assets) and represents factoring and leasing companies in court and before the Federal Financial Supervisory Authority (BaFin). 

FPS provides solid advice and legal representation covering all aspects of the bank–customer relationship in the retail banking sector. Our expertise includes adapting the contracts and terms and conditions used in retail banking to new legal requirements in the area of consumer loan and payment service framework agreements and ensuring that innovative banking products are legally compliant. We represent credit institutions when asserting their claims and defending against lawsuits filed against them. Our lawyers are not only known for representing banks in court in Frankfurt am Main.

Over the past decade, legislators have subjected financial services and investment activities to intense regulation. FPS helps institutions to comply with the associated obligations, both in regulatory terms and with regard to the rights of clients.

FPS has particular expertise in defending against investor claims arising from financial services or investment activities. This applies to investment advice, investment brokerage and the sale of investment assets. In practice, the focus is usually on matters concerning legally compliant customer information – this could take the form of corresponding information sheets, prospectuses or key investor information. FPS thus also has practical experience in handling mass-tort lawsuits as well as proceedings pursuant to the Capital Markets Model Case Act (KapMuG) or model declaratory actions.

One of the law firm’s main focuses has always been on representing clients in ordinary courts, with FPS acting solely on behalf of the institution in the field of banking and financial law. Due to our extensive practical experience in courts and our knowledge of banking and financial law, we represent institutions in all contentious disputes that may arise in connection with the credit business, payment transactions, securities business, financial services, investment business, etc. The representation of institutions also extends to contentious disputes that arise in the context of the client’s insolvency and lead to corresponding disputes with the insolvency administrator.
 

Modern corporate insolvency law increasingly includes tools for corporate reorganisation and restructuring. As institutional creditors, credit institutions are particularly in demand here and involved in corporate restructuring measures. Financial restructuring sometimes takes place solely with the banks. FPS assists credit institutions in negotiations on out-of-court reorganisation concepts, restructuring plans (including measures that fall under the Act on the Stabilisation and Restructuring Framework for Businesses, or StaRUG) and insolvency plans in order to assert the interests of the institution in connection with the debtor’s reorganisation or insolvency in a legally compliant manner and to establish them for the future. If the company reorganisation fails, FPS helps credit institutions to assert their rights – particularly when asserting existing security rights – to support business continuity plans and to realise loan collateral.

Optimal financing is the key to any corporate success. FPS advises companies on all legal and tax-related aspects of financing their business, especially in connection with capital endowment and maintenance, investment financing and M&A transactions. We also advise institutional investors and banks on all matters concerning corporate financing, particularly in relation to mezzanines, capital increases, bonds and traditional loans. In addition, we provide comprehensive legal support in matters relating to group and acquisition financing, the analysis and optimisation of the collateral situation and the drafting of controlling and profit transfer agreements.

In the context of any real estate transaction, the financing of the transaction itself also plays a key role. FPS not only advises in the area of due diligence, but also drafts and negotiates loan agreements and deals with complex portfolio financing. In addition, our experts examine refinancing options with traditional or alternative forms of financing and advise on meeting the loan disbursement requirements.

FPS is on hand to support companies during dynamic times and necessary change with its expertise on all legal, tax and business matters. We help with restructuring plans – and corporate restructuring plans in particular – and with the structuring of (re)financing measures. This may also include support in drawing up and implementing reorganisation concepts.

Matters concerning the management’s duty to provide information and take action are among our key areas of expertise. We advise credit institutions, debt funds and financiers in the event of non-performing loans and NPL transactions, while safeguarding the interests of suppliers, customers and shareholders. Other areas covered by our restructuring advice include transformation measures, carveout concepts, liquidation plans, trustee concepts and insolvency filing obligations.