Insurance

We advise companies in Germany and overseas on mergers and acquisitions as well as  disposals, insurance group restructurings and demutualisations, business unit outsourcings, and portfolio transfers, including run-off transactions.

They have acquired extensive experience with supervisory authorities, in particular with BaFin, in the context of restructurings, for example with changes of legal form and with national and international portfolio transfers (including run-off portfolios).

We advise on all matters relating to internal structures, corporate duties, the division of labour between the managing and supervisor boards and the drafting of rules of procedure. With our experience we can help clients fulfil all their legal obligations and thereby avoid liability risks.

This includes advice on setting up new insurance companies, on entry into new lines of business, on M&A transactions and restructurings, on regulatory requirements for investments, on compliance violations and measures taken by the supervisory authorities in response to these, and on run-off issues. This breadth of expertise means that we can also provide support to mixed financial holding companies and advise on the development of new products at the frontier between insurers and banks as well as on investments and asset management.

In close cooperation with our specialists in the areas of investment and capital market law as well as in the area of M&A, we advise on regulatory investment requirements, structure transactions in accordance with these, and provide support for their implementation.

Gleiss Lutz carries out compliance investigations for management, supervisory boards or parent companies, in cases including bad investments due to breaches of duty, impermissible distribution, infringement of competition and antitrust law, as well as tax offences. We also advise on the contact with regulatory bodies, tax offices and state prosecutors. To avoid compliance breaches, we develop tailor-made compliance programmes and carry out training for members of governing bodies and executives. In the event of breaches of duty on the part of members of governing bodies, we can advise on the assertion of claims for damages as well as D&O insurance coverage. Should employees have violated duties, we advise on consequences under employment law.

In addition to the classic forms of reinsurance, they also advise on all the various forms of alternative risk transfer.

Clients benefit from our unparalleled experience as well as from our longstanding relationships with the relevant authorities. Another area of expertise is compliance competition/antitrust law. We provide assistance in preparing, implementing and modifying compliance systems under competition/antitrust law, taking into account the characteristics of the insurance industry, and adjusting such systems to meet requirements.

Our advisory spectrum includes negotiations with works councils, sector-specific issues relating to collective bargaining law, as well as the provision of employment law advice on company-internal changes of legal and organisational form with particular focus on the joint operation of multiple legal entities.