Banking and Financial Market Law

Looking for an overview of our full range of legal services? You can find a comprehensive introduction to our practice areas here in the Legal Services section.

At Bergt Law, we specialize in providing expert advice and guidance on Banking and Financial Market Law. Our team is well-versed in the various regulations and laws that govern the financial industry, including MiFID & MiFIR, CRD & CRR, EMIR, PSD, AIFMD, UCITSD, MiCAR and more. We advise our clients in particular on:

• the clarification of regulatory relevant business models and representation before the Financial Market Authority (FMA) Liechtenstein;
• the establishment of regulated financial intermediaries in Liechtenstein, including authorization procedures with the supervisory authority;
• the registration of service providers in accordance with the "Blockchain Act" (TTTA);
• Merchant Acquirer und Payment Processor Onboarding.
• the legal implementation of ESG-compliant & sustainable finance models.
• the preparation and approval of securities prospectuses for the public offering of financial instruments incl. notification in the EU and EEA ("passporting");
• the preparation of due diligence concepts and legal consultation on  due diligence,  governance, compliance and risk management provisions;

We provide comprehensive advice on all banking and financial market law matters and issues - whether in traditional capital markets law or also taking into account disruptive technologies such as blockchain. We understand the unique concerns and challenges of fintech companies and offer tailor-made solutions. From the legal implementation of a token-based business model to the execution of Security Token Offerings (STO), we offer comprehensive legal advice.

We also represent financial intermediaries and other participants of the financial markets in regulatory proceedings before the Financial Market Authority. Our team of experienced lawyers is here to provide comprehensive legal advice.

With our comprehensive advisory approach, we offer a "one-stop shop" throughout the entire regulatory lifecycle – from accompanying product development to licensing and ongoing compliance, to crisis solution and resolution management:

• Preparation, review, and ongoing updates of recovery and resolution plans in accordance with BRRD, SAG, BaSAG, and SRMR, including MREL calculations, stress testing simulations, and going-concern valuation analyses.
• Support with early intervention and crisis management measures under CRD/CRR, including the design of supervisory triggers and the implementation of internal governance frameworks.
• Advisory services regarding bail-in eligible capital instruments, loss-absorbing capacity structures, and the tailored implementation of MREL compliance strategies.
• Assistance with cross-border resolution cases, coordination with the SRB, SSM, and FMA, as well as the recognition of foreign resolution actions.
• Delivery of in-house workshops and trainings. Compliance audit test runs.