Dr Robert Oppenheim

Dr Robert Oppenheim is a Partner at Osborne Clarke and a certified specialist lawyer in banking and capital markets law. He advises banks, investment firms, financial services providers, FinTechs and corporates on developing and implementing innovative financial products and business models, as well as on all aspects of capital markets and financial services regulation.

A particular focus of his practice is the structuring and issuance of financial instruments and their compliant distribution. Robert advises companies on public and private securities offerings, the preparation and approval of securities prospectuses and key information documents, and the implementation of digital subscription and distribution processes. This also includes structuring tokenised financial instruments and electronic securities under the German Electronic Securities Act (eWpG).

Robert also provides comprehensive advice on the regulation of investment services and financial market business models. This includes, in particular, authorisation and notification procedures before Bafin, the structuring of platform and white-label models, and the implementation of regulatory requirements under MiFID II, MiFIR, the German Securities Trading Act (WpHG), the German Investment Firm Act (WpIG), the German Banking Act (KWG) and the German Capital Investment Code (KAGB). Other areas of focus include the regulation of securities distribution, regulatory organisational and conduct requirements, and advising on new business models for banks, investment firms and digital financial platforms.

Robert also has many years’ experience at the intersection of capital markets law and technological innovation. He advises on crypto-assets and crypto-asset services under MiCAR, the tokenisation of assets and digital capital markets infrastructure. Among other matters, he advised on Germany’s first securities prospectus for a security token to be approved by Bafin, as well as the issuance of the first crypto security under the eWpG.

Robert regularly publishes on current developments in European and German financial services regulation, particularly securities regulation, the regulation of digital financial services and innovative capital markets products. He is also an author of the Rechtshandbuch Robo Advice, edited by Linardatos and published by C.H.BECK

Helping you succeed in tomorrow's world

Digitisation is both an opportunity and a challenge for the financial industry. Worldwide, there are more people than ever before who use the internet and a cell phone. Customer contact no longer takes place (exclusively) in the bank branch, but online. This also means that investing in investment products or applying for a loan should be possible digitally (usually even via app), and often in just a few steps. My advice therefore not only relates to the legal requirements of such digital sales channels, but also to the so-called customer journey.

In this context, blockchain technology enables new innovative investment products. The legislator has also recognized this innovative power and created the Electronic Securities Act (eWpG) and for the first time also legally anchored the issuance of crypto securities and crypto fund units. I support clients in keeping track of these rapid legal and technological changes.