Find Lawyers in Germany for Private Funds
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Private Funds - GermanyAbout this Practice Area
Stephan advises asset managers, institutional investors and investment funds on all matters relating to collective investment schemes, including fund formation and ongoing operational matters, co-investments, carried interest arrangements and internal reorganizations. In addition, Stephan advises sponsors and investors on secondary transactions, including recapitalizations and restructurings. As a second focus, Stephan's practice includes venture capital and M&A transactions as well as ge...
Uwe Bärenz is a partner at POELLATH in Berlin. He focuses on private investment funds, GP and investors advice. He is predominantly engaged in private equity funds, including cross-border work, mainly Luxembourg, tax and regulatory issues, filings, terms and conditions, private and public placements, investors' needs (pension funds, insurance companies, investment funds, fund of funds, private clients), complex secondary transactions. He is one of the most experienced advisors for the es...
Ronald Buge is a partner at POELLATH in the private funds team in Berlin. Ronald advises fund managers on legal and tax matters relating to the structuring of alternative investment funds. Further, he advises institutional investors such as insurance companies and pension funds as well as family offices in connection with investments in such funds. He focuses on German and international tax law, including investment tax law, procedural law and tax compliance issues (FATCA, CRS, DAC 6). He is ...
Tarek Mardini is a partner in the private funds practice group of POELLATH in Berlin. He specializes in comprehensive advice on contract, corporate, regulatory and tax law and market practice in the area of alternative investment funds and asset management. He advises German and international fund managers on fund structuring, as well as institutional investors and family offices on investments in private equity, venture capital, private debt, infrastructure, real estate funds and other alter...
Helder’s practice is focused on the formation and operation of private equity firms. His track record of several dozen fund formation projects ranges from small early-stage venture capital firms to large buyout funds. Helder also regularly provides advice to selected institutional and private investors with regard to their limited-partner investments in private-equity and venture capital funds. Helder frequently publishes on matters of international taxation and on fund-related issues. ...
Amos Veith is co-head of POELLATH's private funds practice and member of the management board at POELLATH in Berlin. He has practised tax and corporate law since 2000 and assisted clients in structuring and reviewing several hundred venture capital and private equity funds and similar alternative investments. He provides fiscal and legal advice to domestic and foreign institutional and private investors and initiators in the foregoing fields of closed-end funds. His clients include many well-...
Private Funds Definition
Generally, the phrase “private funds” refers to certain investment funds that are primarily designed for institutional investors and offered to them on a private placement basis rather than by public offering. The term “funds” is not a legal, but an economic term and covers various types of (individual or typically collective) investment schemes for investment purposes, which may differ with respect to investment strategies, jurisdictions, and legal forms/structures, e.g., corporate or partnership structures, contractual structures. The fund pools capital from investors and sets forth the relationship between the parties involved, i.e., the investors and the fund manager. Investors are predominantly professional investors such as banks, insurance companies, pension funds, corporations, endowments, foundations, funds of funds, and other institutional investors.
The relevant areas of law range from tax and regulatory law to corporate and contract law. In addition to national legislation, European legislation has increasingly been adopted in the field of private investment funds, especially over the last couple of years, and may be further developed.
Private funds legal services may include the following:
• "GP Advice": Advising the fund manager and its team on structuring and formation of investment vehicles, considering the full range of tax, contractual, and regulatory requirements to meet the needs of international investors, the fund manager and its team (including internationally accepted market standard fund terms);
• Structuring of management companies (fund manager) and planning of carried interest (profit-sharing) and management fees (VAT issues);
• Advising on regulatory aspects (e.g., EU AIFM-Directive and the German Capital Investment Act), such as assessment and advice for fund managers with respect to national registration requirements and applicable regulatory regimes;
• Advising on marketing and placement of private funds to institutional investors (e.g., national registration requirements and regulatory regimes in relevant jurisdictions), as well as designing retail fund solutions for funds to be marketed to retail investors, including registration procedures;
• "LP Advice": Advising investors considering an investment in private funds by performing term reviews of private funds and negotiating amendments of the relevant fund agreements, including side letter agreements (e.g., reflecting requirements pursuant to the German Insurance Supervisory Act);
• Conducting various kinds of secondary transactions representing general partners, buyers, and sellers, such as individual transfers and portfolio transactions;
• Advising on, preparing, and leading tax and regulatory rulings and audits;
• Litigation and dispute resolution with regard to private funds.
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