Our real-estate and private-equity funds lawyers advise on all the aspects relating to the structuring and organisation of private-equity and real-estate funds, managers or advisers, as well as on the investments and transactions made by such private-equity and real-estate funds, including in particular the crafting of investor co-decision rights, carried interest schemes, debt financing arrangements and capital-market-related aspects and the negotiation of purchase agreements.
We regularly advise on private-equity and venture-capital fund strategies, including but not limited to start-up funds, expansion capital funds, development and turnaround funds or buy-out funds, real-estate and private-equity real-estate fund strategies. We also design the contractual relationship between investment vehicles and their services providers, such as the depositary, the prime broker, the investment manager, the investment adviser, the administration agent and other agents providing fund-related services.
Our teams are also advising on the implementation of complex investment strategies, including specific derivatives transactions, securities lending or collateral-related topics. We generally advise on all asset-management-related issues and topics. These include legal advice relating to compliance with any regulatory requirements (such as in relation to private-equity funds set up as SICARs or SIFs), the acquisition and financing of private-equity businesses, the implementation of carried interest schemes, the implementation of executive compensation and ownership schemes and advice on fundraising.
Our real-estate and private-equity funds lawyers also provide assistance in relation to the registration of Luxembourg funds in other jurisdictions, with local support, as well as the registration of foreign funds in Luxembourg.
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Briefings from Arendt & Medernach
Choosing the domicile of an investment fund is not an easy task. A fund promoter has to consider the available vehicles, investment strategies and the reputation of the domicile.
The AIFMD is the outcome of a G20 consensus for closer regulatory oversight of systemic risks emanating from certain players and activiries in the alternative investment funds sector.