LUTHER Rechtsanwaltsgesellschaft mbH

Dr Rolf Kobabe specialises in supervisory law, asset management and funds. In this area, he advises on all relevant regulatory issues, in particular, in relation to the German Banking Act (KWG), the German Payment Services Supervision Act (ZAG), the German Securities Trading Act (WpHG), the German Capital Investment Code (KAGB), the German Insurance Supervision Act (VAG), the German Insurance Contract Act (VVG) and the German Trade Ordinance (GewO). In addition, he assists his clients with all the necessary authorisation and ownership control procedures before the German Federal Financial Supervisory Authority (BaFin), with specific organisational and conduct-related obligations, and with drafting the agreements and preparing the documentation for setting up public and special funds of all asset classes. His expertise in supervisory law also includes the increasingly more important questions of law relating to the German Money Laundering Act (GwG). Another focus of Rolf Kobabe’s advisory services is dealing with all aspects of banking contract, banking supervisory and capital markets law. In this area, he has lately represented his clients in connection with the revocation and settlement of loan agreements.

Rolf Kobabe advises international and national credit institutions (banks), financial service providers, asset managers, investment management companies, depositaries, issuing houses and insurance companies, as well as capital seeking and capital market-oriented SMEs, up to and including fintechs and start-ups. In addition, he also represents clients in defending against or enforcing claims in connection with failed capital investments. Dr Kobabe also advises on the implementation of the EBA Guidelines.

Capital Markets, Banking & Finance

As a trained banker, Dr Rolf Kobabe initially worked as Assistant to the Board of Directors for a Hannover-based private bank then operating under the name of Hallbaum, Maier & Co. AG. After receiving his doctorate for a thesis on the law governing European central banks, he worked from 1998 onwards as a business lawyer with an emphasis on financing transactions for medium-sized companies.

Rolf Kobabe has published numerous books, booklets and papers on matters such as current capital market developments. Most recently, he has co-authored a legal commentary on the German Banking Act and the CRR, published by Schäffer-Poeschel Verlag (Kommentar zum Kreditwesengesetz und zur CRR, 3^rd ed. 2015, 7^th update 2019), a legal handbook dealing with online shops, published by Oelschlägel/Scholz (Rechtshandbuch Online-Shop, 2^nd ed. 2017; chapter on payment transactions and product- and service-specific requirements), and a handbook on green building, published by Mösle/Lambertz/Altenschmidt/Ingenhofen (Praxishandbuch Green Building, 2018; part dealing with “Green Funds”).

Chambers FinTech Guide (2020): Ranked as "Notable Practitioner"
The Legal 500 Germany (2016): Recommended for Securities and funds litigation: “Rolf Kobabe and Stephan Bausch are the key persons at Luther Rechtsanwaltsgesellschaft mbH in this field."
The Legal 500 (2011): listed in the area "Banking and finance: bank lending", Tier 5

BMCP GmbH: advice on the procedure to obtain authorisation pursuant to Section 32 German Banking Act (KWG)
Providing ongoing advice to various investment management companies on setting up their own funds and white label funds
Diverse registrations of internal investment management companies pursuant to Section 2(4) German Capital Investment Code (KAGB)
Providing regulatory advice to institutions and service providers in connection with the outsourcing of activities and processes pursuant to Section 25b German Banking Act (KWG)
Restructuring a public bank’s distribution of insurance contracts, as necessitated by supervisory law in connection with the bank’s merger into another credit institution
Regulatory advice to a fintech regarding the structuring of its Tokenisation-as-a-Service business in connection with digital brand currencies
International information bureau: regulatory advice on the implementation of a bank account information service and contract negotiations with a financial service provider regarding the outsourcing of services to this provider
Augsburger Aktienbank AG: regulatory advice on the takeover of an online bank
Deutsche Kreditbank DKB: regulatory advice on the takeover of SKB Bank
Norddeutsche Förderbank: ongoing regulatory advice
International group bank established to finance the sale of the group’s products: ongoing advice on all matters relating to the German Money Laundering Act (GwG), in particular, risk analysis, internal security measures, general duties of care, enhanced duties of care; drafting and negotiation of contracts regarding appointing reliable third parties to undertake measures for the performance of various general duties of care
Online bank: advice on cross-border banking transactions and on the recognition of identification measures by foreign-based companies
Group of cooperative banks: advice on the introduction of a video-ident procedure and assistance with contract negotiations with an external service provider, all the while consulting with the German Federal Financial Supervisory Authority (BaFin)
Large German bank: advice on various matters relevant from an anti-money laundering perspective in connection with the development of a new online product in the area of social trading
International insurance company: regulatory and contract law advice in connection with the outsourcing of IT services to an international cloud services provider
Department store operator in southern Germany: regulatory advice in connection the operator’s own customer card; advice on the preparation of internal anti-money laundering guidelines; ongoing advice on matters relating to anti-money laundering law
BITKOM Servicegesellschaft mbH: advice on the delimitation for regulatory purposes (including on the relevant procedure before the German Federal Financial Supervisory Authority (BaFin)) of the guarantee business offered by BITKOM pursuant to the German Electrical and Electronic Equipment Act (ElektroG)
DAVIGO AG: advice on the delimitation for regulatory purposes (including on the relevant procedure before the German Federal Financial Supervisory Authority (BaFin)) of the equity investment business carried on by DAVIGO AG from the capital investment business according to the German Capital Investment Code (KAGB)
Good Brands AG: advice on the delimitation for regulatory purposes (including on the relevant procedure before the German Federal Financial Supervisory Authority (BaFin)) of the equity investment business carried on by Good Brands AG from the capital investment business according to the German Capital Investment Code (KAGB)
FIDELITAS Industrie Holding GmbH: advice on the delimitation for regulatory purposes (including on the relevant procedure before the German Federal Financial Supervisory Authority (BaFin)) of the equity investment business carried on by FIDELITAS from the capital investment business according to the German Capital Investment Code (KAGB)
Golfino AG: advice on the issuing and documentation of an SME bond (listing on the Frankfurt Stock Exchange)
Advising numerous issuing houses on the implementation of the German Investment Act (VermAnlG) and the AIFMD and/or the German Capital Investment Code (KAGB)
Nordex SE: advice on the issuing and documentation of a EUR 150 million guaranteed corporate bond
Advice to a producer of wind power engines with regard to a bond-based financing programme
Advising banks and pension funds with regard to the revocation and settlement of loan agreements
Advice to a German issuing house and an Austrian bank on the issuing of a EUR 35 million asset-linked note for oil and gas investments
Regulatory advice to a private solar park fund
Advice to and representation of a HNW family with regard to their investing in approximately fifteen loan-financed real estate funds
Advice to and representation of an international private bank with regard to the solicitation and management of real estate USCITS and the cancellation of the redemption of units as well as the settlement of the funds (more than 400 actions)
Advice to a bank-owned fund originator with regard to the structuring of an international commodity fund
Advising numerous medium-sized companies on the structuring, issuance and public offering of participation rights
Advice to an issuing house on the structuring of various real estate funds of funds for developments in Poland
Advice to a medium-sized coffee trading company on the structuring, issuance and public offering of corporate bonds
Advice to an issuing house on the structuring of geothermal energy funds and a geothermal energy bond
Landesbank Berlin: advice on the structuring of the structured covered bond programmes “Daheim Nr. 1” and “Daheim Nr. 2”