Beste Strukturierte Finanzierung Anwälte in Berlin

1. About Strukturierte Finanzierung Law in Berlin, Deutschland

Strukturierte Finanzierung, known in English as structured finance, covers financing arrangements that bundle cash flows, assets or risks into securitized products or special purpose vehicles (SPVs).

In Berlin, this area often involves SPVs for asset-backed securities, project finance, and complex lending packages to corporates. The legal framework blends national civil and commercial law with EU regulations and financial supervision by BaFin.

Key German concepts you will encounter include the use of SPVs for true-sale securitization, the role of investment funds under the Kapitalanlagegesetzbuch (KAGB), and insolvency protections under the Insolvenzordnung (InsO). Understanding how these pieces fit helps you assess risk, structure, and compliance from the outset.

2. Why You May Need a Lawyer

Consulting a lawyer with Berlin experience can prevent costly missteps in complex structured finance deals. Below are concrete scenarios that commonly arise in Berlin.

• Negotiating a Berlin-based structured loan facility with multiple tranches and covenants. A lawyer can draft term sheets, intercreditor agreements, and triggers to reduce future disputes.
• Setting up an SPV in Germany for securitization of Berlin-area receivables. Legal counsel assists with true-sale transfers, servicing agreements, and regulatory compliance.
• Complying with the Kapitalanlagegesetzbuch (KAGB) when funds or securitization vehicles are involved. A solicitor helps with fund structure, licensing, and ongoing reporting obligations.
• Managing cross-border financing where Berlin entities are lenders or borrowers. A lawyer coordinates with international counsel on choice of law, currency, and dispute resolution.
• Handling disputes or restructurings that trigger insolvency or creditor protections in Berlin. An attorney can advise on forbearance, workouts, or bankruptcy procedures under InsO.

3. Local Laws Overview

The following laws and regulations govern most Strukturierte Finanzierung activities in Berlin, Deutschland. They are national in scope, but Berlin-based transactions must comply with their provisions and with local enforcement practices.

Kreditwesengesetz (KWG): The German Banking Act regulates banks, financial service institutions, and certain investment activities. It sets licensing, prudential, and conduct requirements for financing arrangements that may be securitized or funded through SPVs.

Kapitalanlagegesetzbuch (KAGB): The Capital Investment Code governs investment funds and fund-like structures used in securitization and asset-backed financing. It dictates licensing, investor protection, and reporting duties for fund managers and sponsors.

Insolvenzordnung (InsO): The Insolvency Code governs insolvency proceedings and restructurings in Germany. It affects how structured finance structures survive or unwind during debtor distress or cross-border insolvencies.

Source: Gesetzestext KWG - https://www.gesetze-im-internet.de/kwg/

Source: Kapitalanlagegesetzbuch (KAGB) - https://www.gesetze-im-internet.de/kagb/

Source: Insolvenzordnung (InsO) - https://www.gesetze-im-internet.de/insolvenzordnung/

Source: BaFin guidance on Securitization and Verbriefung - https://www.bafin.de/DE/Aufsicht/BankenFinanzdienstleister/Sonderthemen/Verbriefung/verbriefung_node.html

4. Frequently Asked Questions

What is structure d finance in Germany and how does Berlin fit?

Structured finance is financing built around cash flows from assets or project revenues. In Berlin, SPVs and securitization structures are commonly used for real estate, receivables, and cross-border deals. Legal counsel helps with document drafting, regulatory checks, and risk allocation.

How do I determine if I need a Berlin-based structured finance attorney?

If your deal involves SPVs, securitization, complex covenants, or cross-border elements, a local attorney helps with German law specifics, local enforcement, and language. An early consultation reduces later delays and mismatches.

When should I hire a lawyer in a Berlin structured finance transaction?

Hire before signing term sheets or issuing SPV formation documents. Early legal input minimizes defects in true-sale transfers and servicing agreements that could derail the deal later.

Where can I find a Berlin lawyer specializing in structured finance?

Look for practitioners listed with Germany’s bar associations or specialized law firms in Berlin. Ask for clients with similar securitization experience and accessible German-English services if needed.

Why is the Kapitalanlagegesetzbuch important in these deals?

KAGB governs investment funds and securitization vehicles, affecting licensing, fund structure, and investor protections. It shapes how sponsors and managers structure and report activities.

Can I negotiate covenants and triggers in a Berlin structured loan facility?

Yes. A lawyer can tailor covenants, triggers, ratings, and triggers to your asset class and risk appetite while ensuring compliance with KWG and supervisory expectations.

Should I consider cross-border regulatory compliance for Berlin deals?

Absolutely. Berlin deals often involve foreign counterparties and currencies. Coordinating with international counsel helps align German and EU requirements with your home jurisdiction.

Do I need a lawyer for a private placement of securitized notes in Berlin?

Yes. A lawyer guides structuring, investor disclosures, and regulatory filings to comply with KWG, InsO, and KAGB requirements.

How long does a typical securitization transaction take in Berlin?

Times vary by complexity, but a straightforward deal may take 3-6 months from term sheet to closing. More complex cross-border structures can exceed 9-12 months.

Is BaFin involved in structured finance transactions in Berlin?

BaFin supervises banks and financial instruments, and it issues rules affecting securitization, investment funds, and risk management. Expect interaction for licensing and ongoing compliance.

How much does a structured finance lawyer in Berlin typically charge?

Hourly rates for Berlin specialists commonly range from €250 to €650, depending on complexity and seniority. Some firms offer fixed-fee arrangements for stage-based work.

What is the difference between a loan facility and a securitization?

A loan facility provides direct financing to a borrower, while securitization transfers assets to an SPV and issues securities backed by those assets. Regulators treat them differently for licensing and disclosure purposes.

5. Additional Resources

The following organizations and government resources offer practical information and referral services related to Strukturierte Finanzierung in Berlin:

• BaFin - Federal Financial Supervisory Authority; oversees banks, investment firms, and securitization activities. Website: https://www.bafin.de/
• Berlin Senate Department for Justice - Berlin government body handling legal system matters, including court procedures and lawyer regulation. Website: https://www.berlin.de/justiz/
• - German Bar Association; helps individuals find qualified lawyers and provides practice guidance. Website: https://www.anwaltverein.de