Dr. Carsten Lösing
Dr. Carsten Lösing is counsel in the German Debt Finance practice. Carsten advises national and international banks, financial services firms as well as non-banks, including financial technology (fintech) companies of all sizes ranging from startups to blue chip corporates. He is an expert in financial services regulation including bank regulatory, transactional, bank insolvency, compliance and supervisory matters and has extensive experience in financings including acquisition, project and asset ﬁnance.
Carsten frequently represents his clients before the German Federal Financial Supervisory Authority (BaFin). He helps clients navigate regulatory requirements, examinations, investigations, enforcement actions and administrative proceedings and negotiate various agreements related to financial services. He advises on all sorts of payment instruments and systems, credit cards, bin sponsorship agreements and consumer financial laws with a focus on retail bank and consumer financial products and services, anti-money laundering laws, deposit protection matters, regulation of swaps and other derivatives. He helps clients drive innovation when advising on payment processing, p2p structures, online payments and mobile banking.
Carsten understands how to balance the business needs and the legal obligations of his clients in order to achieve positive results, whether negotiating credit-, security-, co-operation- or M&A agreements or obtaining licenses or approvals from the regulatory authorities. His clients benefit from his exceptionally deep business understanding, which is based on his previous work as a business consultant on issues of risk management and banking regulation as well as his work for the German Federal Ministry for Economic Affairs on banking regulation.
BaFin's security requirements for payment service providers, E-Finance & Payments Law & Policy, p. 3-5, July 2015
Payment Services Law, Practitioner's Handbook on innovative, card-, Internet-, and mobile payment services (Zahlungsdiensteaufsichtsrecht, Praxishandbuch für innovative Karten-, Internet- und mobile Zahlungsdienste), Beck 2015, (with Kai-Michael Hingst)
On licensing requirements of money remittance services pursuant to the German Payment Service Act (ZAG): Strict requirements for providers of internet services offering payment systems, an annotation to the judgment of the Regional Court of Cologne dated 29 September 2011, BKR, Issue 8, Pages 334-338, 2012, Co-author (with Kai-Michael Hingst)
Compensation of damages by non-quantifiable, asset-related effects (Die Kompensation des Vermögensnachteils durch nicht quantifizierbare, vermögenswirksame Effekte), Schriften zum Strafrecht, Vol. 233, Berlin, 2012, Ed. Duncker & Humblot
The new act implementing the second E-Money Directive (Das neue Gesetz zur Umsetzung der Zweiten E-Geld-Richtlinie), ZIP, Pages 1944-1949, 2011