Automotive: Financing and leasing
The automotive industry is one of the most important industries worldwide and has been undergoing a fundamental transformation for years. Automotive banks, non-captive banks and FinTechs are facing constantly changing regulation, new financing, leasing and factoring models, advancing digitalisation, additional ESG requirements and stricter compliance and money laundering requirements. Manufacturers, suppliers and retailers must adapt their processes and face up to the numerous legal requirements. Through mobility offers and innovations, the future role of financiers and lessors will go beyond traditional financial services. Flexible mobility or pay-per-use contracts are the future. Fixed monthly financing instalments will be replaced by flexible instalments. The range of services is constantly expanding, for example through in-house mobility services or purchase-financed vehicle fleets on company premises. The market is shifting from rigid financed car purchases and non-cancellable finance leases to on-demand use with services such as car subscriptions. FinTechs are expanding the spectrum in the automotive industry with their fast digital solutions for stakeholders.
Find innovative solutions for you and your company together with the industry-savvy lawyers at our law firm. We will advise you on all legal issues with the aim of establishing a lasting and trusting partnership.
Our areas of specialisation
Advising automotive banks, non-captive banks, FinTechs, manufacturers and dealers on all financial, banking and regulatory issues relating to mobility services and modern mobility concepts.
This includes in particular
Effective and targeted contract drafting
Advice on vehicle leasing agreements including collateral (finance leasing, operating leasing, kilometre leasing, residual value leasing, right to sell)
Advice on vehicle loan agreements including collateral (3-way financing, bullet/balloon financing, annuity loans, fleet financing, sales financing)
Restructuring / refinancing of banks (including factoring models)
Contract documentation between bank and dealer (ESG financing models, underwriting agreements, repurchase agreement, security certificate, etc.)
Preparation of general terms and conditions (including advice on mandatory information in accordance with the German Civil Code (BGB) and Introductory Act to the German Civil Code (EGBGB))
Licensing procedures in accordance with Section 32 KWG (BaFin licence), review of business models and projects for their licensing requirements, assistance with special audits
Advice on ongoing regulatory requirements, risk management and compliance organisation, in particular Basel III/IV and CRD IV/CRR, MaRisk, MiFID II, PSD 2, DORA-VO, Money Laundering Act (GWG), KAGB, Remuneration Ordinance for Institutions (InstitutsVergV) and Payment Services Act (ZAG)
Advice on outsourcing projects, in particular outsourcing in accordance with Section 25b KWG
Audits on issues relating to the Money Laundering Act and Know-Your-Customer (KYC), organisation of in-house training courses
Advice on the digitalisation of financial market participants in the automotive sector and FinTech models
Judicial and extrajudicial conflict resolution with customers or other banks
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