Banks & Financial Institutions

Mission Statement

The business activities of credit institutions and financial institutions and other financial services providers are subject to comprehensive regulatory and civil-law regulations. Our clients benefit from comprehensive advice on all aspects: from regulatory requirements for business activities via an optimization of business models and the design of products, contracts and business processes up to claims enforcement. A special focus is on the design of financing and structured products as well as forms of business and project funding through capital markets. We also represent you in proceedings before national and international supervisory authorities and before courts and arbitral tribunals.

Key Services and Practice Areas

Financing and Financial Instruments

• Credit financing, syndicated financing, and structured financing arrangements
• Acquisition, real estate, and project financing
• Public private partnerships
• Securitization transactions
• Factoring
• Lease transactions
• Cash pooling
• ESG / sustainable financing
• Bonds
• Promissory note loans
• Subordinated loans
• Derivatives

Banking Contracts and General Terms

• B2B contracts, such as loan, collateral or guarantee agreements
• B2C contracts, such as account or securities account, credit card or consumer loan agreements
• General terms and conditions and special product terms and conditions 
• Structuring of banking products
• eBanking and AppBanking 
• Fin-tech, e-commerce platforms

Restructuring & Reorganization

• Regulatory advice on M&A transactions
• NPL transactions
• Insourcing and outsourcing
• Restructuring and reorganization proceedings
• Winding-up and reorganization planning
• Reorganization financing
• Stand-still agreements
• Restructuring agreements
• Bail-in and debt equity instruments
• Limited recourse

Regulatory Requirements and Proceedings

• Licenses under the Austrian Banking Act [BWG] and special laws
• Supervisory proceedings before the FMA or the ECB
• Administrative offence proceedings for violations of regulatory provisions
• Equity requirements and other CRR requirements
• Compliance
• Remuneration policy and models

Banking Litigation

•  National and international judicial and arbitral proceedings
• ADR proceedings
• Out-of-court settlements
• Collective actions and class actions
• Insolvency-law disputes
• Debt collection
• Realization of collateral security

Attorneys

Markus Fellner, Partner
Lukas Flener, Partner
Florian Kranebitter, Partner
Paul Luiki, Partner
Gregor Schett, Partner
Elisabeth Fischer-Schwarz, Attorney
Florian Henöckl, Attorney
Nadine Maros, Attorney
Veronika Seronova, Attorney
Peter Stiegler, Attorney