Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 MARCH 2016

German Cum/Ex-Trades: Enhanced Risks And Industry-Wide Challenges

WilmerHale
WilmerHale
Contributor
WilmerHale

WilmerHale

WilmerHale's London office was established more than 40 years ago. With lawyers qualified in the...

View firm profile
Explore more from WilmerHale

The German and international financial industries and their advisors have come under new pressure to investigate so-called 'cum/ex' trades conducted between 2000 and 2012.

GermanyFinance and Banking
Roland Steinmeyer
Roland Steinmeyer
Christian Crones
Christian Crones
Patrick Späth
Patrick Späth
Jan Wendler
Jan Wendler
Julian Kutschelis
Julian Kutschelis
Author LinkedIn connections

The German and international financial industries and their advisors have come under new pressure to investigate so-called 'cum/ex' trades conducted between 2000 and 2012. For many years, tax authorities and criminal prosecutors have pursued banks and their advisors for claiming tax refunds in connection with stock trades conducted around the time of a company's dividend date. According to some estimates, cum/ex trades generated more than USD 10 billion in tax refunds for banks, investors and other counterparties in the financial industry. Now, new risks for the financial industry are emerging as a result of a series of recent events.

Cum/ex trades raise multiple legal, compliance and regulatory issues for a variety of institutions and individuals. Banks, brokers, clearing houses, tax advisors, lawyers and investors could find themselves confronted with tax reimbursement claims, criminal prosecution, fines and imprisonment, and damages claims. Moreover, cum/ex trades

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

From Rulebook To Market Architecture: MiCAR 1.0, The Emerging MiCAR 2.0, MISP And The EU–UK–US Divide

The Markets in Crypto-Assets Regulation (MiCAR) was designed to bring crypto-assets within a common EU regulatory perimeter, but recent developments reveal a more complex picture. Three decisive developments in October 2026—the Council's position on the Market Integration and Supervision Package, the MiCAR review consultation responses, and ESMA's supervisory action—expose critical gaps in how digital money, tokenised financial instruments, and market infrastructure fit together.
European UnionFinance and Banking
PwC Legal Germany
PwC Legal Germany
Article

MiCAR 2.0: Reading The Further ESMA, ESRB, AMLA And SRB Responses Together

European financial regulators ESMA, ESRB, AMLA, and SRB have published responses to the EU's Markets in Crypto-Assets Regulation review, proposing reforms across classification, market conduct, financial crime controls, and crisis management. The responses raise critical questions about crypto-asset service providers' permissions, client rights, and operational continuity during participant failures. Firms face three immediate priorities: remediating non-compliant stablecoin services by early 2027, testing
GermanyFinance and Banking
PwC Legal Germany
PwC Legal Germany
Article

MISP Moves Into Political Negotiation: What More Than 1,900 Amendments Mean For The EU’s Future Market Architecture

The European Parliament has tabled over 1,900 amendments to the Market Integration and Supervision Package, transforming it from a straightforward proposal into a complex negotiation between competing models for European market supervision and infrastructure. As the Commission's original December 2025 proposal becomes obsolete and multiple parliamentary drafts emerge with conflicting visions, financial firms face critical questions about which supervisory architecture will ultimately govern their licenses
GermanyFinance and Banking
PwC Legal Germany
PwC Legal Germany
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

SEC Approves FINRA’s New “Outside Activities” Rule

The Securities and Exchange Commission has approved FINRA Rule 3290, which will replace existing rules governing outside business activities and private securities transactions for registered persons. This new rule narrows the scope to focus on investment-related activities while maintaining similar supervisory obligations for member firms. Understanding the key changes and implementation requirements will be critical for broker-dealers as they update their compliance policies and procedures.
United StatesFinance and Banking
WilmerHale
WilmerHale
Article

23x5 Trading Comes To US Exchanges: What Firms Should Know Before Launch

US national securities exchanges are preparing to launch 23x5 trading by December 6, 2026, marking the most significant expansion of trading hours in decades. This comprehensive analysis examines the regulatory approvals, operational infrastructure changes, investor protection mechanisms, and issuer considerations necessary to support overnight equity trading from Sunday through Thursday evenings.
United StatesFinance and Banking
WilmerHale
WilmerHale
Article

Lame Duck, High Stakes: Congress’s Postelection Agenda

As Congress prepares for its postelection lame-duck session, lawmakers face critical decisions on government funding, defense authorization, and potential debt-limit increases. The election outcome will determine whether Republicans push through major legislation before potentially surrendering control, or whether both parties defer negotiations into 2027. With permitting reform, tax extenders, and reconciliation packages on the table...
United StatesGovernment, Public Sector
WilmerHale
WilmerHale
Article

SEC 2027 Exam Priorities: Familiar Priorities, Evolving Markets

The SEC Division of Examinations has released its fiscal year 2027 examination priorities, signaling continued focus on investment adviser fiduciary obligations, broker-dealer financial responsibility, and Regulation Best Interest while adapting to evolving market practices. Private credit, artificial intelligence governance, and retail investor protection emerge as prominent areas of scrutiny, with examiners expected to probe valuation practices, conflicts of interest, and technology controls across regula
United StatesFinance and Banking
WilmerHale
WilmerHale
Article

The SEC’s Transfer Agent Modernization Proposal: Implications For Onchain Recordkeeping

The SEC has proposed a comprehensive overhaul of transfer agent regulations that would formally recognize distributed ledger technology and blockchain-based recordkeeping systems within the existing regulatory framework. This modernization effort imposes enhanced operational, safeguarding, and compliance obligations while establishing technology-neutral standards that could significantly impact tokenization initiatives and digital asset market infrastructure.
United StatesFinance and Banking
WilmerHale
WilmerHale
Article

PTAB/USPTO Update - September 2026

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.
United StatesIntellectual Property
WilmerHale
WilmerHale