Dr. Carsten Lösing, Dipl.-Betriebswirt (FH)
Carsten's practice focuses on financial regulatory law and the prevention of money laundering. He advises banks, financial and payment service providers and companies in the real economy on all financial regulatory issues.
With over 15 years of experience in financial regulatory law, Carsten advises national and international clients on all matters relating to financial regulatory and banking law and money laundering compliance.
Carsten has extensive experience in advising banks, insurance companies, financial services institutions, other financial companies and companies in the real economy on regulatory issues. He supports clients in complying with regulatory requirements and assists them in communicating with supervisory authorities such as BaFin and the European Central Bank.
His areas of activity include, among others:
- Advice on compliance with regulatory requirements including money laundering law (compliance)
- Support with the establishment and licensing of banks, financial services, securities, payment and e-money institutions
- Advising on mergers and acquisitions in the financial sector, including the associated owner control proceedings
- Representation in regulatory disputes and proceedings
- Advice on new financial technologies (FinTech), payment service providers and digital financial services
Carsten has extensive expertise in the various areas of financial regulatory law (German Banking Act (KWG), CRR/CRD, German Payment Services Supervisory Act (ZAG), PSD2/3, IF-Regulation, German Securities Trading Act (WpHG), German Capital Investment Act (KAGB)/UCITS- and AIFM-Directives, AML-Directive, EMIR etc.) He is listed by Chambers as a recommended lawyer for advising FinTech companies. Before taking up his legal practice, Carsten gained several years of practical experience as a management consultant for banks in the implementation of compliance and risk management systems as well as money laundering prevention measures. Carsten regularly publishes articles in professional journals and speaks at national and international conferences on financial regulatory law.
Expertise
Banking & FinanceMandates
- Advising a joint venture of a US stock exchange operator and Deutsche Börse on the trading of private equity investments with regard to the application for a license as a securities institution
- Advising two international crypto trading companies on their BaFin license applications (proprietary trading, investment brokerage, crypto custody)
- Advising a company on white label solutions in the payments sector
- Advising a dairy company with the offer of fixed-price raw milk purchases and hedging on the EEX Hanover
- Regulatory advice to a minority shareholder on the public takeover of shares in Aareal Bank with a focus on the implementation of the owner control procedure in the context of a complex acquisition structure
- Regulatory advice to the DSGV guarantee institutions on the recapitalization of NordLB in the amount of EUR 3.6 billion, structural advice on the support instruments and regulatory review of the effectiveness of capital relief measures
- Advising Kreditech on the cooperation agreement with Naspers/PayU
- Advising a Landesbank on the acquisition of a credit card portfolio of a renowned automobile manufacturer (drafting and negotiating the contractual documentation)
- Comprehensive advice on the granting of one of the first e-money licenses in Germany (operational lead, preparation of the application letter and all attachments, e.g. in the preparation of the AML policy or the equity calculations)
- Advising Diem/Libra on selected German financial regulatory issues in connection with the introduction of a global virtual currency
- Regulatory advice to an American investment bank on two German FinTech acquisitions
- Regulatory advice to Tink on the acquisition of fintecsystems and the takeover by VISA Inc.
- Regulatory advice to Klarna Bank A.B. on the restructuring of its business activities in Germany and review of product documentation
Publications
Comments
- Commentary on Art. 3 No. 7, 8, and 43, 44 as well as Art. 48 - 54 MiCAR (e-money tokens), in: Maume (ed.), Regulation on Markets in Crypto Assets (MiCAR), C.H. Beck (yellow series) (2024, forthcoming)
- Commentary on §§ 24 - 27 WpIG (owner control), in: Lendermann/Nemeczek/Schroeter (eds.), Wertpapierinstitutsgesetz, WpIG, C.H. Beck (gray series) (2024)
- Commentary on §§ 215, 225 ff., 283 KAGB and the Derivatives Ordinance, in Beckmann/Scholtz/Vollmer, Investment, loose-leaf collection, 2023
Monographs
- Payment Services Supervision Law, Practical Handbook for Innovative Card, Internet and Mobile Payment Services, C.H. Beck, 2015 (together with Prof. Dr. Dr. Kai-Michael Hingst)
- The compensation of the asset disadvantage through not exactly quantifiable, wealth-creating effects, 1st edition 2012, Duncker & Humblot GmbH (dissertation)
Essays and contributions
- The regulation of e-money tokens, analysis and classification in the regulatory context (in particular MiCAR), BKR 2023, 373-380 (together with Dr. David John)
- Best execution of client orders (Section 82 WpHG), in: Renz/Hense/Marbeiter, Wertpapier-Compliance in der Praxis, Erich Schmidt Verlag, 2nd edition 2019, pp. 871-891 (together with Dirk Hense, Giovanni Petruzzelli)
- Comment on a decision of the Federal Court of Justice (decision of 28.10.2015 - 5 StR 189/15) - unauthorized provision of payment services by a natural person, WuB 2016, 379-381
- BaFin's security requirements for payment service providers, e-finance & payments, law & policy, July 2015, 3-5
- The planned further development of European payment services supervisory law through the Second Payment Services Directive, BKR 2014, 315-324 (together with Prof. Dr. Dr. Kai-Michael Hingst)
- On the licensing requirement for financial transfer transactions under the Payment Services Supervision Act: High demands on the operators of internet platforms with payment systems - at the same time comment on the judgment of the Regional Court of Cologne of 29.9.2011 - 81 O 91/11, BKR 2012, 334-338 (together with Prof. Dr. Dr. Kai-Michael Hingst)
- The new law implementing the Second E-Money Directive, ZIP 2011, 1944-1949
Education & Engagement
Education
- Law studies and doctorate at Bucerius Law School, Hamburg and the University of Michigan, Ann Arbor
- Studied business administration at the European School of Business (Reutlingen, Nancy and London)
- Languages: German, English, French
Frankfurt