Bastian advises national and international clients, particularly asset managers, banks and financial institutions and other business operating in the financial services sector, on financial regulatory and investment law.
He has experience advising on various aspects of capital markets and financial services regulation, including derivatives and structured financial instruments, cross-border licences, the registration of EU branches, compliance matters, as well as brokerage and securities trading.
Furthermore, he has experience in the structuring, establishment and distribution of investment funds (including Spezialfonds and Master-KVG structures), negotiation of investment management agreements and side letters, and the regulatory treatment of derivatives and structured products.
His recent work includes:
- Advising a former global investment bank on the update and transfer of its derivative documentation following its acquisition by another global investment bank.
- Advising global asset managers on the use of derivatives as portfolio management techniques and related legislation.
- Advising on the qualification and eligibility of structured products (and other assets) for German Spezialfonds.
- Advising a major German asset manager with derivatives and clearing-related questions.
- Preparing legal opinions on EMIR-related questions, including margin requirements.
- Advising on the establishment of a Luxembourg infrastructure debt fund targeting commitments of approximately EUR 800 million.
- Advising on licensing procedures under the German Banking Act (KWG) and the German Securities Institutions Act (WpIG)
- Advising on ownership control procedures under the German Banking Act (KWG) and the German Securities Institutions Act (WpIG), including a global asset manager in relation to its participation in a German neo bank.
Bastian is based in our Frankfurt office and regularly publishes articles and holds presentations on financial services regulations.
Bastian studied law at Rheinische-Friedrich-Wilhelms-Universität Bonn and Johann-Wolfgang-Goethe-Universität Frankfurt am Main.
He completed his legal clerkship at the Higher Regional Court in Frankfurt am Main, which included stages at the German Federal Financial Supervisory Authority (BaFin) and with a global law firm in Frankfurt and Amsterdam.
