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Crowd investing and digital financing platforms have been experiencing significant growth for years. In the meantime, a variety of different business models have established themselves on the market, ranging from simple digital subscription options to comprehensive crowd-investing solutions and complex algorithmic robo-advisors. The associated (regulatory) challenges are just as varied and range from questions of official authorisation to the sales architecture and product structure.

Your challenges

Our solutions for you

  • A clear understanding of the business environment and knowledge of the various structuring models from subordinated loans to profit participation rights and fronting bank models to funds and securities
  • Familiarity with regulatory practice from numerous (preliminary) consultations with the competent supervisory authorities, e.g. regarding the need for a “funds controller” or implementation pursuant to the exemptions under Sections 2, 2a of the German Asset Investment Act
  • Preparing and continuously adapting the required contractual, product and sales documentation in trialogue between the issuer, distributor and investors
  • Preparing prospectuses, capital investment information sheets (VIBs), securities information sheets (WIBs), PRIIPs KIDs and assistance in regulatory approval procedures
  • Adapting digital business processes and organisational structures to new regulatory opportunities (such as the ECSP Regulation)
  • Many years of practical experience with a wide range of potential structures and types of authorisation
  • Implementation of various digital distribution channels, especially under an authorisation pursuant to Section 32 of the German Banking Act, Section 15 of the German Securities Institutions Act and Section 34 f of the German Trade, Commerce and Industry Regulation Act
  • Preparation of legally compliant internal and external client documentation under the Securities Trading Act, Ordinance on Financial Investment Mediation and German Investment Code
  • Legally compliant implementation of General Data Protection Regulation (GDPR) requirements
  • Establishing an effective data protection compliance structure, especially drafting data protection guidelines, data protection contracts, privacy policies for websites and social media plug-ins, as well ensuring technology is designed to be compliant with data protection law (“privacy by design”)