The prime significance of the banks in a functioning national economy also poses certain requirements of the legal consultancy services provided to these businesses. Assisting banks and savings institutions therefore goes beyond merely having in-depth expertise in classical banking and banking supervision law. Legal consultancy services are also in demand in other fields of law, with a particular focus on real estate law and insolvency law as well as commercial law and company law. That is where BMT comes into the picture, making its specialist knowledge from various different fields available to its clients at all its offices. Both domestic and foreign banks and financial investors alike, whom we represent by providing a comprehensive package in connection with the purchase and processing of loan portfolios, draw upon our expertise. Büsing Müffelmann & Theye has moreover traditionally been involved, since its founding, in forensic practice. We represent banks nationwide, assisting them in both enforcing their own claims in the fields of loan and loan securities law, payment transactions, securities trading and investment deals, as well as defending them against alleged claims by third parties in these fields.
Insolvency law in banking practice
"The bank in its customer's insolvency" is an ongoing topic – not only in economically difficult times. The legal issues arising on such occasions are often complex, and require specific expertise at the point where banking law, insolvency law, and often also company law, overlap.
In that respect, the relationship of the insolvency administrator to the creditor banks is key. The relationship may be either co-operative or confrontational in nature. BMT is familiar with both situations.
Among other things, we advise on concluding security pool agreements, and of course also on concluding utilisation agreements with the insolvency administrator. We serve banks and financial investors, in their capacity as purchasers or as concerned security parties in the context of the sale of components of the insolvency assets by the insolvency administrator.
Furthermore, banks and financial investors are among the first to be contacted by the insolvency administrator when it comes to examining any contestation rights. Specialist expertise in line with the current status of case law is indispensable in such cases. Equipped with this knowledge and distinct forensic expertise, Büsing Müffelmann & Theye has at hand the tools to forcefully defend our clients' interests in relation to the insolvency administrator.
Filing claims against banks due to failed capital investments has noticeably increased in the past few years. The legal framework for the latter is almost exclusively drawn from case law. BMT has been representing banks in this type of dispute for many years, and is familiar with current case law. We therefore also know when it is advisable to refrain from litigating and try to come to an amicable agreement with the claimant.
Our law firm is mandated by domestic and foreign banks to defend them against damage claims and claims for restitution resulting from failed property acquisitions and failed purchases of shareholdings and securities, also under the aspect of prospectus liability.
Non-performing loan exposures
Should a loan exposure become non-performing, the best thing to do quite often is find a creative solution and implement it with legal validity. BMT is again a reliable contact when this occurs, and orientated towards rapidly finding a customised and practicable solution.
We assist financial institutions and savings banks with the restructuring and the recapitalisation of their loan commitments, in awarding financial restructuring loans, in concluding trust, syndication and pooling agreements, and in concluding the corresponding securities agreements.
We are also available to handle any legal issues faced by both banks and financial investors under problem loan workouts. We represent our clients judicially in enforcing loan claims or exploiting loan securities, as well as in defending our clients against actions filed by the debtors or assignors of collateral security in question. Financial investors who wish to exploit their claims - frequently secured by real estate - by selling on their rights or by selling the encumbered property will find in BMT a partner having the vast experience and market awareness they need.