Luther Rechtsanwaltsgesellschaft mbH

Capital Markets, Banking & FinanceDigital Value ChainsFinancial Services Investment Funds & Alternative InvestmentsInsurance Law

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.

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, 3rd ed. 2015, 7th update 2019), a legal handbook dealing with online shops, published by Oelschlägel/Scholz (Rechtshandbuch Online-Shop, 2nd 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”).