Regulatory Law

 

After the foundation of the Federal Financial Supervisory Authority (FFSA or BaFin) in 2002, the insurance supervision law has become very important to our legal work.

 

Here, we provide mostly consulting services. Our consulting services in this area include examining individual issues under regulatory law for internal and external purposes, and assisting with transactions, such as portfolio transfers or corporate acquisitions / sales.
 
Our examination is supposed to either create the basis for an  internal decision by our client or prepare the company for a dialogue with the FFSA. Our expert opinions serve the purpose of convincing the FFSA of a specific legal position. But they are also being used in our communication with the client's auditors. Our services also include direct or indirect correspondence with the FFSA.

A need for consulting in terms of the regulatory law exists, for example, whenever a new product is being developed. Here the question arises, which segment it should be allocated to.  We will answer any questions arising in connection with local examinations performed by the FFSA, and questions arising in connection with a reorganization of internal corporate processes. Especially the internal organizational problems associated with the implementation of the Solvency II Framework Directive  count among the focal points of our consulting work. This applies both to the distribution of offices within the board and to risk management.
 
If the dialogue with the FFSA is likely to be negative, we offer our clients to pursue administrative proceedings, or to even go to administrative court.
 
Another focus of our consulting services is to prepare the communication with the legislator regarding upcoming legislative measures. Here, we can contribute our practical experience and thus add a law-shaping component to our service offer. The integration and involvement of the authorities at the European level both in respect of the EU Commission and the EIOPA (European Insurance and Occupational Pensions Authority)  plays also an important role in our consulting work.
 
When it comes to cross-border business transactions, we have experience in communicating with international supervisory authorities. Cross-border portfolio transfers and the new market entry of German insurance companies abroad or of international insurance companies in Germany are part of our core business; often, we also act as a service provider next to the service provider that has been commissioned by our client to deal with corporate-law issues. Our work in the regulatory law area is not limited to problems that an already existing insurance company is faced with. We are rather accompanying business startups in the cross-border area just like business startups in the national area. Our service offer includes not only consulting in terms of regulatory law for those who wish to establish a new insurance company, but also consulting  for portfolio transfers or  due diligence examinations under insurance contract and regulatory law.
 
Our work in the regulatory law area extends to both the direct insurance area and the reinsurance area, and we also consult non-insurance companies on all matters related to regulatory law.

 

 

 

Key Contacts

 

Dr. Theo Langheid

Theodor-Heuss-Ring 13-15
50668 Cologne

Tel  +49 221 944027-6

Fax +49 221 944027-906

theo.langheid@bld.de

 

Dr. Joachim Grote

Theodor-Heuss-Ring 13-15
50668 Cologne
Tel  +49 221 944027-41
Fax +49 221 944027-906
joachim.grote@bld.de