What are some of the popular financing/refinancing structures in Germany, particularly where foreign buyers are concerned?
Published 06 Sep, 2017
DSC LEGAL Rechtsanwaltsgesellschaft mbH
2010 – present DSC Legal Rechtsanwaltsgesellschaft mbH, founding and manging partner, double qualified attorney-at-law in Germany and Poland and notary in Berlin, Germany, practice areas: real estate transaction and real estate development, corporate (real estate related) and energy projects in Germany and in Poland, notarisations of real estate transactions and developments;
2006 - 2009 OLSWANG, Berlin, London, partner, German Managing Partner, double qualified attorney-at-law in Germany and Poland and notary in Berlin, Germany, practice areas: setting up the first German office of OLSWANG in Berlin, real estate transaction and real estate development, corporate (real estate related) and energy projects in Germany and in Poland, notarisations of real estate transactions and developments;
2004 – 2006 Ernst & Young, Luther Rechtsanwaltsgesellschaft GmbH, EY offices Berlin, Warsaw, Tel Aviv: partner, attorney-at-law and notary in Germany, pending qualification as attorney-at-law in Poland, practice areas: investment and joint ventures in Poland, M&A, real estate, corporate law, international arbitration, notarial service (Luther Rechtsanwaltsgesellschaft was no longer associated to EY since 2006).
2001- 2004 Haarmann, Hemmelrath, Berlin, Warsaw: partner, attorney-at-law and notary, practice areas: investment and joint ventures in Poland, real estate, civil law, international arbitration, notary service (Haarmann Hemmelrath did not continue to exist from 2005).
1996-2001 GAEDERTZ Rechtsanwälte, Berlin: partner, attorney-at-law and notary since 1997, practice areas: investment and joint ventures in Poland, real estate, civil law, international arbitration, notary service (GAEDERTZ did not continue to exist from 2001) .
1989-1996 Dr. Walrab von Buttlar, Dr. Peter Diedrich Rechtsanwälte, Berlin: lawyer, practice areas: employment law, litigation, privatisation, investment and joint ventures in Poland (the law firm merged with GAEDERTZ Rechtsanwälte in 1996).
1982-1985 Scholarship of the “Konrad Adenauer Foundation”
German, English, Polish
We are legal advisors of passion!
Our firm DSC Legal Rechtsanwaltsgesellschaft mbH (“DSC Legal”) focuses on rendering legal advice and providing notary services with respect to real estate law, asset management and projects in the area of renewable energies. We are highly experienced in the aforementioned areas of consulting and have special expertise in advising national and international clients, which we have gained in the course of working as professionals in leading big and medium-sized international law firms for many years.
When we established DSC Legal in 2010, our objective was to create an alternative to the major law firms on the German market. We wanted to combine first-class legal consultancy with personalized service for our clients. We believe that it is only possible to provide our clients with professionally and personally individual yet comprehensive legal services within a setting which particularly centres on the expectations of the clients. Any structure, which puts the expectations of the law firm before the interests of the client, creates unwanted limits for trustful, high-quality and efficient legal services.
Furthermore, we are convinced that only those attorneys who focus on a specific field of interest will be able to provide high-end legal services. This is why we work within clear and distinct fields of expertise. The structure of our firm and our working methods ensure that in addition to providing specialized expert knowledge, we are in close, personalized contact with our clients.
As a modern law firm, we combine the ability to find legally sound solutions with entrepre-neurial thinking, personal integrity and intercultural sensitivity. Based on this motto, the team of DSC Legal has been efficiently and successfully advising their clients, which consist of numerous national and international institutional investors, real estate companies, high net worth individuals and family offices, for many years.
REAL ESTATE LAW
The main focus of DSC Legal is on property law in the classical sense of the term. We pro-vide comprehensive consultancy services to all clients active in the real estate industry, be they investors, builder-owners, contractors, project developers or investors financing a project.
We advise our clients in all phases of purchasing, developing and marketing a real estate pro-ject, tailoring our services to fit their needs. This includes drafting and modifying agreements, advising our clients in their negotiations up to the notarization of the agreement, and also in implementing it or, should the case arise, enforcing it in court proceedings. Our scope of consultancy services ranges from answering individual questions to preparing complex solutions and structures for projects governed by property law.
Real Estate Transactions
We provide comprehensive advice on all types of real estate transactions – whether on asset deals, share deals or sale and leaseback transactions, on the sale and purchase of single objects, high-volume portfolios or complex non-performing loans. Our expertise extends to all types of property – not only office blocks and apartments but also retail units and special purpose properties such as hotels, logistics and care homes etc.
We also advise on cross-border transactions working together with our alliance partners. We assist our clients through every phase of a transaction.
Real Estate Financing
We provide full-service advice to lenders and borrowers on all kinds of real estate financing – whether on simply structured standard agreements for the financing of an individual property or on complex senior/mezzanine structures in accordance with international standards, the leasing of real estate or tailored solutions for project developments.
Our team has particular expertise in the financing of large-volume portfolio transactions as well as real estate financing involving aspects of investment law.
Corporate Real Estate
Real estate joint ventures, particularly joint ventures between project developers and equity providers, are increasingly growing in importance. They offer advantages for the project de-velopers by creating an adequate capital base and for the equity investor (e.g. banks, private equity funds etc.) because of the possibility of entering a project at an earlier stage.
The asset management of properties is an increasingly important aspect of investing in real estate. Here we assist our clients to improve the structure of their portfolio and to realize and optimize the returns generated from their holdings in all types of property.
We also focus on advising operators of renewable energy facilities, in particular wind farms and photovoltaic or solar thermal power plants. In addition to the knowledge of the law, high-quality legal advice and representation in the area of wind, photovoltaic and solar energy also require an understanding of the technical and economic background of such investments, as well as of the business practice between network operators, plant operators and specialist contractors.
We advise our clients in the drafting and negotiation of all of the civil and corporate law agreements, which are required for the implementation and operation of energy plants.
In the course of projects in the area of regenerative energy, we draft the required general con-tractor, management, lease and other agreements granting rights of use, as well as service agreements and negotiate these agreements with the parties involved in the technical and eco-nomic conception.
Furthermore, we advise and represent our clients in legal disputes against authorities and as-sert their rights in building permit and opposition proceedings, as well as in lawsuits.
The law requires certain legal transactions to be recorded by a notary in a written instrument (deed). Notarial recordings are mainly required in the following areas:
Real estate (including property purchase agreements, hereditary building rights (Erbbaurecht), the creation of charges on land;Corporate law (e.g. the formation or reorganization of a company, certain shareholder resolutions, the minutes of the general meeting of a German stock corporation (Akti-engesellschaft), capital increases)The interface between corporate and real estate law (e.g. the formation of companies to acquire and hold real estate)Apart from notarial recordings, notaries also have the duty of certifying signatures and copies. In many areas signatures have to be certified in order to increase legal certainty.
Published 06 Sep, 2017
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