Dr. Roland Arlt, LL.M. (UCL)
Attorney | Partner
Roland Arlt is a partner in the Banking & Finance Department. He has almost 15 years of experience in advising banks, financial institutions and investors in banking and finance as well as in the area of real estate.
Roland Arlt is a partner in the Banking & Finance Department based in Hamburg. He has almost 15 years of experience in advising banks, funds, financial institutions, sponsors, borrowers and investors in loans, bonds and securitisations, financial restructurings and real estate matters.
He focuses his practice on real estate finance, project finance (in particular in the renewable energy and optical fibre sector), green finance and sustainable finance, acquisition finance, asset finance, structured finance, securitisation, loan servicing, mezzanine capital, bonds and non-performing loans.
Before joining Schalast, he worked for a Hamburg-based commercial law firm, for a US international law firm and for a UK international law firm in Frankfurt am Main, London, Milan and Rome. He obtained a PhD on securitisation at the University of Hamburg and was awarded a Master of Laws in Banking & Financial Regulation at the University College London.
He is a lecturer at the Frankfurt School of Finance & Management within the „Master of Financial Law" programme.
He is a member of the Banking Law Association (Bankrechtliche Vereinigung - Wissenschaftliche Gesellschaft für Bankrecht e.V.) and of the Association of German and Italian Lawyers (Deutsch-Italienischen Juristenvereinigung e.V.).
In addition to the call to the German bar is admitted to practice in Italy (the latter being currently inactive).
Selected representations include:
(I) Financings
- Assisting the German Branch of an international credit institution in connection with a €15.15 million project financing of a portfolio of rooftop solar systems
- Assisting a German Landesbank as Facility Agent in connection with the amendment and restatement of three interconnected project financings of a solar farm, including the increase of the total commitments to €100.6 million
- Assisting the German Branch of an international credit institution in connection with an innovative €8,35 million structured holding financing
- Assisting a US financial institution as Administrative Agent and Lead Arranger under a $110 million financing for a group of the medical Cannabis sector
- Assisting the lender under a €27 million mortage backed Schuldschein Loan
- Assisting the German Branch of an international credit institution in connection with the due diligence and syndication of a participation in a €1,5 billion offshore windfarm project finance
- Assisting the German Branch of an international credit institution in connection with the due diligence and syndication of a participation in a €1,2 billion offshore windfarm project finance
- Assisting the lender in connection with a €13,85 million wind farm project financing
- Assisting an international Loan Servicer in connection with the sale of a portfolio of commercial properties and property financings, including security releases, of €129,4 million (loan sale) and €16,8 million (asset sale)
- Assisting the Primary Servicer as representative of the Agent and the Security Trustee in connection with the security release under a €89 million property finance
- Assisting the German Branch of an international credit institution in connection with a €9 million hotel financing
- Assisting borrower in connection with a €10,5 million Schuldschein Loan
- Assisting the US Branch of a Swiss international credit institution in connection with the change of the Agent under a $2,95 billion financing
- Assisting a US credit institution as Administrative Agent and Collateral Agent in connection with a $80 million borrowing-base-financing
- Assisting a US financial institution as Administrative Agent and Lead Arranger in connection with a $115 million financing
- Assisting the German Branch of an international credit institution in connection with the redemption and security release under a €20 million property finance
- Assisting the German Branch of an international credit institution in connection with a €40 million property finance
- Assisting a UK financial institution as lender under €7 million property finance to a Luxembourg borrower with German PropCos, including the coordination with a mezzanine financing
- Assisting the German Branch of an international credit in connection with the due diligence and syndication of a participation in a €31,5 million optical fibre financing
- Assisting the German Branch of an international credit institution in connection with the due diligence and syndication of a participation in a €1,8 billion optical fibre financing
- Assisting the German Branch of an international credit institution in connection with a risk subparticipation in a €52,8 million optical fibre financing
- Assisting the German Branch of an international credit institution in connection with the amendment of a €1 billion leveraged buy-out
- Assisting the German Branch of an international credit institution in connection with a €15 million sustainability linked loan
(II) Bonds, Mezzanine Capital, Securitisations
- Assisting the Arranger in connection with the €20 million public securitisation of mezzanine capital via partly-paid bonds issued by a Luxembourg securitisation undertaking
- Assisting the Arranger in connection with the €20 million public securitisation of mezzanine capital via order bonds issued by a Luxembourg securitisation undertaking
- Assisting a US corporation in connection with the issuance of a €31 million German participation certificate (Genussschein)
- Assisting the originator in connection with the securitisation of corporate loan receivables of €40 million via a Dutch securitisation undertaking
- Assisting the originator in connection with a €20 million revolving securitisation of corporate loan receivables via a Luxembourg securitisation undertaking
- Assisting the originator in connection with amendment and restatement of a €50 million corporate loan securitisation
- Assisting the Arranger in connection with a €100 million mortgage backed securitisation
- Assisting the issuer in connection with the private placement of green bonds of €100 million
- Assisting the issuer in connection with €20 million publicly-placed participation rights (Genussrechte)
(III) Business Restructuring & Insolvency
- Assisting the lender in connection with the restructuring of a SME group, including an IDW-S6 based restructuring agreement and fresh money financings
- Assisting the Special Servicer in connection with the restructuring of the financing and security structure under a €20,8 million commercial property financing
- Assisting the lender in connection with the restructuring of a hotel financing
- Assisting the Special Servicer as representative of the Agent and the Security Trustee in connection with a realisation agreement with the insolvency administrator with regard to a €21,14 million property finance of
- Assisting lenders in connection with aspects of the Restructuring Act (StaRUG)
(IV) Real Estate
- Assisting a listed US financial institution in connection with the commercial lease of premises in Frankfurt am Main
- Assisting an SME corporation in connection with the lease agreement for the production site in in Celle
- Assisting a SME corporation in connection with the lease agreement for a commercial property located in Hamburg
Selected representations prior to joining Schalast include:
- Assisting the Arranger in connection with a €1 billion Commercial Mortgage Backed Securitisation
- Assisting the Servicer in connection with restructuring of a €5,4 billion Commercial Mortgage Backed Securitisation
- Assisting a Credit Rating Agency in connection with the restructuring of a €14,6 billion Commercial Mortgage Backed Securitisation based on the German Refinancing Register
- Assisting three leading international loan servicers in connection with the primary servicing and special servicing of CMBS and other property financings of about €40 billion in total
- Assisting a German credit institution in connection with the €80 million financing of a University Hospital
- Assisting a German Credit Institution in connection with a $49,5 million export financing for a US borrower
- Assisting eines German credit institution in connection with a €379,75 cross-border property financing
- Assisting the sponsor and the borrower in connection with a €50 million leveraged buy-out
- Assisting the lead arranger in connection with a $1,84 billion cross-border financing of a company group
- Assisting a public investment bank in connection with the €143 million financing of a waste incineration power plant
- Assisting the German Branch of an international credit institution in connection with multiple project financings of solar and wind farms
- Assisting a real estate group in connection with ist commercial leases
- Assisting the seller in connection with a €105,4 million portfolio property sale
Selected publications include:
I. Monograph
1) True Sale Securitisation unter besonderer Berücksichtigung der Rechtslage in Deutschland und Italien, in: Habersack/Mülbert/Schneider (Hrsg.), Untersuchungen über das Spar-, Giro- und Kreditwesen, Band 181, Duncker & Humblot, Berlin 2009, 843 Seiten
recensed by Brinkmann, in: Jayme/Mansel/Pfeiffer/Stürner (Hrsg.), Aktuelle Entwicklungen im europäischen Vertrags- und Gesellschaftsrecht, Jahrbuch für italienisches Recht, Bd. 22, Heidelberg 2010, S. 165 – 167; citation (translation):
„All in all, the work presented by Arlt is an extraordinarily valuable examination of the subject of securitisation transactions, with which only specialists are familiar. Not only the scholar will find here a wealth of information and analyses on the background, practice and legal issues of true sale securitisation, the work can also serve as a comprehensive handbook for the legal practitioner who wants to familiarise himself with the legal framework of these transactions in Italy and Germany, which is clearly structured and written in an understandable way."
II. Papers
2) Nachhaltigkeitsdarlehen nach den Sustainability Linked Loan Principles', BKR 2019, 477 – 484
3) OFAC-Klauseln in Finanzierungsverträgen vor dem Hintergrund des Boykottverbots gem. § 7 der Außenwirtschaftsverordnung und der Blocking Statutes, ZIP 2015, 2202 - 2211
4) Rechtsfragen des Risikoselbstbehalts bei Verbriefungen nach §§ 18a und 18b KWG, WM 2012, 107 – 115
5) Vorinsolvenzliche Sanierungsverfahren und Restrukturierung in Italien, ZInsO 2009, 1081 – 1091
6) La whole business securitisation alla luce del nuovo diritto societario e fallimentare italiano, Dir. fall. 2007, 158 – 183
7) Die Anfechtbarkeit mangelhafter Vorstandsbeschlüsse, DZWIR 2007, 177-182
8) Die italienische Aktiengesellschaft mit Zweckvermögen: Eine Protected Cell Company „noch in den Kinderschuhen", Diritto e processo – Annuario giuridico dell'Università degli Studi di Perugia 2005, 343 – 399
9) La s.p.a. con patrimoni destinati: una protected cell company „ancora agli inizi", Diritto e processo – Annuario giuridico dell'Università degli Studi di Perugia 2005, 401 – 455
10) Die neuen italienischen Zweckvermögen: Erstmalige Einführung der Protected Cell Companies in Europa, ZBB 2004, 382 – 395
Dr. Roland Arlt, LL.M. (UCL)
Attorney | Partner
Roland Arlt is a partner in the Banking & Finance Department. He has almost 15 years of experience in advising banks, financial institutions and investors in banking and finance as well as in the area of real estate.
Roland Arlt is a partner in the Banking & Finance Department based in Hamburg. He has almost 15 years of experience in advising banks, funds, financial institutions, sponsors, borrowers and investors in loans, bonds and securitisations, financial restructurings and real estate matters.
He focuses his practice on real estate finance, project finance (in particular in the renewable energy and optical fibre sector), green finance and sustainable finance, acquisition finance, asset finance, structured finance, securitisation, loan servicing, mezzanine capital, bonds and non-performing loans.
Before joining Schalast, he worked for a Hamburg-based commercial law firm, for a US international law firm and for a UK international law firm in Frankfurt am Main, London, Milan and Rome. He obtained a PhD on securitisation at the University of Hamburg and was awarded a Master of Laws in Banking & Financial Regulation at the University College London.
He is a lecturer at the Frankfurt School of Finance & Management within the „Master of Financial Law" programme.
He is a member of the Banking Law Association (Bankrechtliche Vereinigung - Wissenschaftliche Gesellschaft für Bankrecht e.V.) and of the Association of German and Italian Lawyers (Deutsch-Italienischen Juristenvereinigung e.V.).
In addition to the call to the German bar is admitted to practice in Italy (the latter being currently inactive).
Selected representations include:
(I) Financings
- Assisting the German Branch of an international credit institution in connection with a €15.15 million project financing of a portfolio of rooftop solar systems
- Assisting a German Landesbank as Facility Agent in connection with the amendment and restatement of three interconnected project financings of a solar farm, including the increase of the total commitments to €100.6 million
- Assisting the German Branch of an international credit institution in connection with an innovative €8,35 million structured holding financing
- Assisting a US financial institution as Administrative Agent and Lead Arranger under a $110 million financing for a group of the medical Cannabis sector
- Assisting the lender under a €27 million mortage backed Schuldschein Loan
- Assisting the German Branch of an international credit institution in connection with the due diligence and syndication of a participation in a €1,5 billion offshore windfarm project finance
- Assisting the German Branch of an international credit institution in connection with the due diligence and syndication of a participation in a €1,2 billion offshore windfarm project finance
- Assisting the lender in connection with a €13,85 million wind farm project financing
- Assisting an international Loan Servicer in connection with the sale of a portfolio of commercial properties and property financings, including security releases, of €129,4 million (loan sale) and €16,8 million (asset sale)
- Assisting the Primary Servicer as representative of the Agent and the Security Trustee in connection with the security release under a €89 million property finance
- Assisting the German Branch of an international credit institution in connection with a €9 million hotel financing
- Assisting borrower in connection with a €10,5 million Schuldschein Loan
- Assisting the US Branch of a Swiss international credit institution in connection with the change of the Agent under a $2,95 billion financing
- Assisting a US credit institution as Administrative Agent and Collateral Agent in connection with a $80 million borrowing-base-financing
- Assisting a US financial institution as Administrative Agent and Lead Arranger in connection with a $115 million financing
- Assisting the German Branch of an international credit institution in connection with the redemption and security release under a €20 million property finance
- Assisting the German Branch of an international credit institution in connection with a €40 million property finance
- Assisting a UK financial institution as lender under €7 million property finance to a Luxembourg borrower with German PropCos, including the coordination with a mezzanine financing
- Assisting the German Branch of an international credit in connection with the due diligence and syndication of a participation in a €31,5 million optical fibre financing
- Assisting the German Branch of an international credit institution in connection with the due diligence and syndication of a participation in a €1,8 billion optical fibre financing
- Assisting the German Branch of an international credit institution in connection with a risk subparticipation in a €52,8 million optical fibre financing
- Assisting the German Branch of an international credit institution in connection with the amendment of a €1 billion leveraged buy-out
- Assisting the German Branch of an international credit institution in connection with a €15 million sustainability linked loan
(II) Bonds, Mezzanine Capital, Securitisations
- Assisting the Arranger in connection with the €20 million public securitisation of mezzanine capital via partly-paid bonds issued by a Luxembourg securitisation undertaking
- Assisting the Arranger in connection with the €20 million public securitisation of mezzanine capital via order bonds issued by a Luxembourg securitisation undertaking
- Assisting a US corporation in connection with the issuance of a €31 million German participation certificate (Genussschein)
- Assisting the originator in connection with the securitisation of corporate loan receivables of €40 million via a Dutch securitisation undertaking
- Assisting the originator in connection with a €20 million revolving securitisation of corporate loan receivables via a Luxembourg securitisation undertaking
- Assisting the originator in connection with amendment and restatement of a €50 million corporate loan securitisation
- Assisting the Arranger in connection with a €100 million mortgage backed securitisation
- Assisting the issuer in connection with the private placement of green bonds of €100 million
- Assisting the issuer in connection with €20 million publicly-placed participation rights (Genussrechte)
(III) Business Restructuring & Insolvency
- Assisting the lender in connection with the restructuring of a SME group, including an IDW-S6 based restructuring agreement and fresh money financings
- Assisting the Special Servicer in connection with the restructuring of the financing and security structure under a €20,8 million commercial property financing
- Assisting the lender in connection with the restructuring of a hotel financing
- Assisting the Special Servicer as representative of the Agent and the Security Trustee in connection with a realisation agreement with the insolvency administrator with regard to a €21,14 million property finance of
- Assisting lenders in connection with aspects of the Restructuring Act (StaRUG)
(IV) Real Estate
- Assisting a listed US financial institution in connection with the commercial lease of premises in Frankfurt am Main
- Assisting an SME corporation in connection with the lease agreement for the production site in in Celle
- Assisting a SME corporation in connection with the lease agreement for a commercial property located in Hamburg
Selected representations prior to joining Schalast include:
- Assisting the Arranger in connection with a €1 billion Commercial Mortgage Backed Securitisation
- Assisting the Servicer in connection with restructuring of a €5,4 billion Commercial Mortgage Backed Securitisation
- Assisting a Credit Rating Agency in connection with the restructuring of a €14,6 billion Commercial Mortgage Backed Securitisation based on the German Refinancing Register
- Assisting three leading international loan servicers in connection with the primary servicing and special servicing of CMBS and other property financings of about €40 billion in total
- Assisting a German credit institution in connection with the €80 million financing of a University Hospital
- Assisting a German Credit Institution in connection with a $49,5 million export financing for a US borrower
- Assisting eines German credit institution in connection with a €379,75 cross-border property financing
- Assisting the sponsor and the borrower in connection with a €50 million leveraged buy-out
- Assisting the lead arranger in connection with a $1,84 billion cross-border financing of a company group
- Assisting a public investment bank in connection with the €143 million financing of a waste incineration power plant
- Assisting the German Branch of an international credit institution in connection with multiple project financings of solar and wind farms
- Assisting a real estate group in connection with ist commercial leases
- Assisting the seller in connection with a €105,4 million portfolio property sale
Selected publications include:
I. Monograph
1) True Sale Securitisation unter besonderer Berücksichtigung der Rechtslage in Deutschland und Italien, in: Habersack/Mülbert/Schneider (Hrsg.), Untersuchungen über das Spar-, Giro- und Kreditwesen, Band 181, Duncker & Humblot, Berlin 2009, 843 Seiten
recensed by Brinkmann, in: Jayme/Mansel/Pfeiffer/Stürner (Hrsg.), Aktuelle Entwicklungen im europäischen Vertrags- und Gesellschaftsrecht, Jahrbuch für italienisches Recht, Bd. 22, Heidelberg 2010, S. 165 – 167; citation (translation):
„All in all, the work presented by Arlt is an extraordinarily valuable examination of the subject of securitisation transactions, with which only specialists are familiar. Not only the scholar will find here a wealth of information and analyses on the background, practice and legal issues of true sale securitisation, the work can also serve as a comprehensive handbook for the legal practitioner who wants to familiarise himself with the legal framework of these transactions in Italy and Germany, which is clearly structured and written in an understandable way."
II. Papers
2) Nachhaltigkeitsdarlehen nach den Sustainability Linked Loan Principles', BKR 2019, 477 – 484
3) OFAC-Klauseln in Finanzierungsverträgen vor dem Hintergrund des Boykottverbots gem. § 7 der Außenwirtschaftsverordnung und der Blocking Statutes, ZIP 2015, 2202 - 2211
4) Rechtsfragen des Risikoselbstbehalts bei Verbriefungen nach §§ 18a und 18b KWG, WM 2012, 107 – 115
5) Vorinsolvenzliche Sanierungsverfahren und Restrukturierung in Italien, ZInsO 2009, 1081 – 1091
6) La whole business securitisation alla luce del nuovo diritto societario e fallimentare italiano, Dir. fall. 2007, 158 – 183
7) Die Anfechtbarkeit mangelhafter Vorstandsbeschlüsse, DZWIR 2007, 177-182
8) Die italienische Aktiengesellschaft mit Zweckvermögen: Eine Protected Cell Company „noch in den Kinderschuhen", Diritto e processo – Annuario giuridico dell'Università degli Studi di Perugia 2005, 343 – 399
9) La s.p.a. con patrimoni destinati: una protected cell company „ancora agli inizi", Diritto e processo – Annuario giuridico dell'Università degli Studi di Perugia 2005, 401 – 455
10) Die neuen italienischen Zweckvermögen: Erstmalige Einführung der Protected Cell Companies in Europa, ZBB 2004, 382 – 395