"A law firm often recommended for advice to insurers ..."

JUVE Handbuch 2016/2017

Insurance

Over many years of providing advice to national and international insurance companies in both the private and public sectors, Gleiss Lutz has developed outstanding expertise in the industry. In transactions, in major litigation, in advice to management and supervisory boards on corporate governance and compliance as well as in preparing and supporting major investment decisions, our lawyers draw on this experience. Gleiss Lutz places particular value on corporate transactions. We combine our industry-specific expertise in transactions with thorough knowledge of the regulatory framework as well as specialized knowledge from other legal areas such as Employment, Competition and Antitrust, Compliance, Tax and many others.

Transactions, Insurance M&A

A cornerstone of our work in the insurance sector is advice on transactions (mergers, acquisitions and sales of companies, restructurings of insurance groups, transfers of insurance portfolios, outsourcing, demutualization etc.). We advise nationally and internationally on acquisitions and sales of insurance companies or parts of companies as well as on mergers, including on a crossborder basis.

Changes of legal form, portfolio transfers and other structural measures

Our lawyers have provided concepts for and implemented numerous national and international restructurings of insurance groups. They have extensive experience with regulatory bodies, in particular with the German Federal Financial Supervisory Authority (BaFin), e.g. in changes of legal form, national and international transfers of insurance portfolios etc.

Corporate Governance

Corporate governance requires a thorough understanding of both a company’s business objectives and the interests of its stakeholders – from shareholders, to board and management, to employees. We advise on all questions concerning internal company structures, corporate duties, relationships and division of responsibilities between the boards and drafting of rules of procedure. We leverage our knowledge and experience to help clients avoid violating their legal obligations and thereby trig-gering the associated liability issues.

Insurance regulation

For many years Gleiss Lutz has been providing advice on all insurance regulatory related issues. This includes advice on setting up new insurance businesses, incorporating new business areas, transactions and restructurings, regulatory requirements on assets, compliance violations and measures by regulatory bodies, and on run-offs, among many other matters. Hence, we have special competence in advising on mixed financial participations, on developing new products on the boundary between insurers and banks as well as issues relating to assets and asset management.

Asset management, capital investments by insurance companies

In periods of low interest rates asset management is more than ever important for insurance companies. Working closely with our specialists from Investment and Capital Markets as well as from M&A, we advise on regulatory requirements on assets, we structure transactions accordingly, and support their implementation.

Insurance compliance

For an insurance enterprise, which is particularly dependent on customer confidence, compliance violations can have farreaching consequences. 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.

Claims-Management

Litigation is an element of our dispute resolution practice upon which we place great value. We represent insurance enterprises as well as insured companies in litigation of significant economic value, such as disputes on major claims, test cases on the validity of the general terms and conditions of insurance, or in averting official measures.

Reinsurance

Over many years our experts have advised leading reinsurance companies and are thus particularly familiar with the special economic and regulatory aspects of the reinsurance business. Besides the classical forms of reinsurance, this also includes the various forms of alternative risk transfer.

Insurance Antitrust

Our clients not only benefit from our extensive experience but also from our many years of dealing with the relevant authorities. In providing insurers with advice on competition/antitrust law, one of our points of focus is merger control and other restructuring measures with their industry-specific features. 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.

Employment law for insurance companies

We advise and represent national and international insurance enterprises in all areas of individual and collective employment law. Gleiss Lutz is a byword for outstanding legal advice oriented to the insurance industry’s specific needs and the client’s economic goals. Our services include negotiations with works councils, addressing industry-specific issues under collective bargaining law, as well as support on corporate and other organizational changes within a group from an employment law perspective, paying special attention to joint establishments of several legal entities.

Your contact

Dr. Ingo Brinker, LL.M.
Karl-Scharnagl-Ring 6
80539 Munich
T +49 89 21667-212
E ingo.brinker@gleisslutz.com