European Counsel

(T) + 49.69.9726.3939

Martin Schulte has built a strong practice in capital requirements and financial markets regulation over the last 12 years. Starting out in private practice, with a focus on the sale of real estate portfolios and securitizations, he later represented financial institutions in legislative procedures at German and European government institutions (European Parliament, German Bundestag, and Ministry of Finance) and vis-à-vis supervisory authorities.

Martin has advised on major financial reforms that were initiated on the basis of the G20 summit in 2009, notably the AIFM Directive and the EMIR, the redrafts of the Capital Requirements, UCITS and AML Directives, as well as rules on compliance for securities and derivatives trading (German short selling and HFT regulations) and the U.S. FATCA.

Prior to joining Jones Day, Martin served for four years as in-house counsel at the European Central Bank (ECB) where he participated in the establishment of the Single Supervisory Mechanism (SSM) and advised the ECB's supervisory teams and decision making bodies in legislative processes and on the Supervisory Review and Evaluation Process (SREP), focusing on internal models, liquidity and own funds under the CRR, as well as on governance issues, notably remuneration systems, and on authorizations of credit institutions under the CRD. Martin also advised on ECB projects on market infrastructures (T2S), eligibility of debt instruments as collateral for Eurosystem monetary policy operations, and blockchain/DLT initiatives.

Martin is an active presenter at seminars/conferences and has published on capital markets, banking, and investment fund regulation as well as on tax compliance.

Additional Publications

  • Spring 2018The price of stable markets and investor confidence: some thoughts on MiFID II’s cost-benefit ratio, Journal of the Academy of European Law (forthcoming)
  • 2016The hierarchy of creditor claims in bank insolvency, coauthor, Revue de Droit bancaire et financier / Banken Financieel Recht 2016/VI
  • 2015Article 132 TFEU (Legal Acts of the ECB with special emphasis on the banking supervision), von der Groeben†/Schwarze/Hatje, Europäisches Unionsrecht, 7th Ed.
  • January 2015Investment limits for UCITS (Commentary of §§ 206-213 of the German Capital Investment Act - KAGB), Beckmann/Scholz/Vollmer, Investment-Handbuch
  • 2014Remuneration Systems – The Implementation of national and European rules in banks and investment companies, co-editor and co-author, Association of Foreign Banks in Germany (VAB) Publication
  • May 2012Fighting tax evasion in the light of the intergovernmental FATCA agreements and data protection, RIW
  • March 2012The Reporting-Requirements of the Foreign Account Tax Compliance Acts in the context of data protection and intergovernmental assistance in tax matters, RIW
  • 2012Infrastructure funds (Commentary §§ 90a-90g German Investment Act), Emde/Dornseifer/Dreibus/Hölscher, Investmentgesetz (InvG), C.H. Beck
  • 2012The Foreign Account Tax Compliance Act (FATCA) – The Compendium, co-author, published by Pass IT Consulting
  • 2009Exit structures for open real estate funds, co-author, Jesch/Schilder/Striegel, Rechtshandbuch Immobilieninvestitionen, C.H. Beck
  • August 2006The SEC investigation under the Foreign Corrupt Practices Act, co-author), RIW
  • July 2006The relevance of corrupt practices in the pharmaceutical industry under the Foreign Corrupt Practices Act at the example of phase V studies, co-author, Zeitschrift für das gesamte Medizin- und Gesundheitsrecht

Speaking Engagements

  • April 26-27, 2018Corporate Governance for Banks in the Post-Crisis environment: MiFID II: corporate governance aspects of the provisions concerning management body, compliance, conflict of interest and product governance and Governance aspects of blockchain applications in banking and financial markets, Academy of European Law (ERA)
  • March 8, 2018Complying with MiFID II – a Practical Guide to Implementation – Cost Transparency under MiFID II, Academy of European Law (ERA)
  • June 19, 2017Summer Course on EU Regulation and Supervision of Financial Markets: The ECB’s banking supervision within the SSM, Academy of European Law (ERA)
  • March 24, 2017MiFID II: The New Regulatory Regime: The price of stable markets and investor confidence: an overview of the short and long term effects of MiFID II, Academy of European Law (ERA)
  • June 6, 2016Summer course on EU Regulation and Supervision of Financial Markets: The ECB as banking supervisor in the SSM, Academy of European Law (ERA)
  • July 11, 2013Conference on FATCA-compliance: Transformation of the Intergovernmental Agreement Germany-USA to implement FATCA in the context of the EU Mutual Assistance and Savings Directives, Association of Foreign Banks in Germany (VAB)
  • March 11, 2013Conference on Challenges for UCITS and AIF: Necessary amendments to depositary agreements, Association of Foreign Banks in Germany (VAB)
  • May 10, 2012Islamic Derivatives in Practice: The Islamic Profit Rate Swap, German Federal Financial Supervisory Authority (BaFin) Conference on Islamic Finance
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