Dr. Mark Odenbach

 

Rechtsanwalt (Berlin); Solicitor (England); Abogado (Spain)

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Introduction

Dr Mark Odenbach is a German-English-Spanish business lawyer and an international legal project manager and strategy advisor.

He became known for his cross-border transactional work in Structured Banking & Finance, particularly in securitisation.

For many years, Mark has also been advising on legal matters concerning the underlying economy (“Realwirtschaft”), namely on commercial and corporate matters and in connection with commercial real estate (finance) transactions. With qualifications as a German Rechtsanwalt and an English Solicitor, and with many years of practising English law, particularly while based in London, he is well-suited to advise internationally active clients.

Over the past 10 years, his clients have included banks and alternative lenders, internationally operating companies, and sophisticated individuals and their investment vehicles.

Dr. Odenbach worked for many years in globally recognised firms, notably Shearman & Sterling (traineeship), Arthur Andersen Tax & Legal (associate), Sidley Austin (associate), and Baker & McKenzie (partner). During this time, he advised investment banks and blue chips on landmark transactions, including, among others, a Stuttgart-based manufacturer of motor vehicles branded as “Mercedes-Benz” .

Dr. Odenbach’s international profile is complemented by his comprehensive knowledge of International Private Law (Conflict of Laws), European Law, Public International Law, and International Taxation. Additionally, he has a good understanding of Spanish law, which he has demonstrated by qualifying as a Spanish lawyer (Abogado) in Madrid.

When it comes to more complex matters, Dr. Odenbach collaborates with trusted (and excellent) professionals from various disciplines and jurisdictions, including lawyers, patent attorneys, notaries, tax advisors, and auditors. (Essentially, Mark operates like a partner in a big law or accounting firm but without the overhead of a big firm.) More information on this type of collaboration will be found (soon) on this website.

Dr. Odenbach’s working languages are English and Spanish as well as his native tongue German.

 

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Main qualifications

Dr Mark Odenbach has been admitted to the practice of law in three jurisdictions following the relevant studies and trainings:

• in Germany (Berlin) as a Rechtsanwalt
• in England & Wales as a Solicitor

Dr Odenbach studied – besides German law – European and International Law at “Christian-Albrecht University zu Kiel” and worked under Prof. Dr Ulrich Magnus (University of Hamburg) in Conflict of Laws. In addition, he wrote his doctoral thesis on a European-Spanish topic.

In London, Mark studied English law (Queen Mary University of London, BPP Law School) – graduated with an English legal exam and got admitted as an English Solicitor.

Moreover, Dr Odenbach holds a Master of International Taxation (M.I.Tax) from the University of Hamburg.

 

Practice areas

• Structured Banking & Finance (domestic and cross-border; blockchain aspects of finance), in particular in relation to capital-intense businesses such as
  • real estate; and
  • asset management.
• Commercial and Corporate
  • Market entry and foreign direct investment;
  • International distribution;
  • Gesellschaft mit beschränkter Haftung (GmbH);
  • English private company limited by shares (Limited);
  • Aktiengesellschaft (AG);
  • Spanish Sociedad Limitada;
  • GmbH & Co. KG;
  • Co-operatives (Genossenschaften);
  • European Economic Interest Grouping;
  • Joint ventures;
  • Purchase and sale of company shares and corporate restructurings (M&A), management buy-outs (MBOs) and management buy-ins (MBIs);
  • Protection of intellectual property;
  • Business migration and global mobility;
  • Interdependences with international taxation; and
  • Interdependences with insolvency law.
• Commercial Real Estate
  • Conveyancing;
  • Construction-related disputes;
  • Various forms of lettings and leases;
  • Real estate finance, particularly concerning the regulatory aspects (German Act on the Credit System – “Kreditwesengesetz”)  of private non-bank loans;
  • Real estate-related structuring of cash flows (pre and post insolvency) and of the balance sheet and of the charges in the land register (various ranks of debt capital and various equity providers);
  • Corporate matters related to commercial real estate vehicles (all too often, preventive rules for crisis events are missing) and real estate M&A;
  • Insolvency aspects of commercial real estate; and
  • Tax aspects of commerial real estate.

Background

• Associate and partner in leading international law firms: Shearman & Sterling, New York; Sidley Austin, London; Baker & McKenzie, Frankfurt/Main;
• Partner in the Frankfurt boutique law firm Nordhues & Cie. which at the time specialised in a) structuring commercial real estate loans for subsequent securitisation via Commercial Mortgage-Backed Securities (CMBS) and b) real estate transactions;
• Employee in Bank (Structured Debt Finance) in the City of London;
• Studied English law (Queen Mary University of London, BPP Law School) – graduated with an English legal exam and admitted as an English Solicitor;
• Employee in a global auditing and tax consultancy firm and many years of co-operation with a medium-sized auditing and tax consultancy firm;
• Master of International Taxation (University of Hamburg);
• Worked in a German-Spanish law firm;
• Doctorate in law (University of Hamburg);
• Harvard Law School – Programme on Negotiation;
• Scholarship from the German Academic Exchange Service: Study visit to Universidad Complutense de Madrid; subsequently successful completion of the admission procedure to the Spanish Bar; and
• Studies of German and international law at the Christian-Albrecht University of Kiel.

Memberships (excerpt)

• Berlin Bar Association;
• Law Society of England & Wales;
• Shearman & Sterling Alumni Network;
• Sidley & Austin Alumni Network;
• British-German Lawyers’ Association;
• Ilustre Colegio de Abogados de Madrid;
• Renewable Energies Hamburg; and
• German-Spanish Lawyers’ Association.