Private equity & Real estate
The real estate and private equity funds lawyers are advising 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 are regularly advising on private equity (PE) and venture capital (VC) fund strategies, including but not limited to start-up funds, expansion capital funds, development and turn-around funds or buy-out funds, real estate and private equity real estate (PERE) fund strategies; designing the contractual relationship between investment vehicles and their services providers, such as the depositary, prime broker, investment manager, investment advisor, 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, and generally advising on all asset management related issues and topics. These include legal advice relating to compliance with any regulatory requirements (e.g. 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, executive compensation and ownership schemes, as well as 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.
Industry commitment and participation
We are represented in a considerable number of strategic committees and working groups of the supervisory authority of the financial sector in Luxembourg (CSSF) and of the Association of the Luxembourg Fund Industry (ALFI). Representatives of our firm are also founding or active members of the Luxembourg Private Equity and Venture Capital Association (LPEA), the European Private Equity and Venture Capital Association (EVCA) and LuxReal.
Our Private Equity & Real Estate team also works closely with Arendt Regulatory & Consulting S.A. which offers regulatory advice and consultancy services.
They provide professionals in the fund industry and asset managers with a practical approach in terms of compliance, fund distribution, Business & Operations and governance.
This complementary approach is unique in Luxembourg. Together we offer legal advice combined with true operational benefits and efficient regulatory solutions.
After almost ten years of work at parliament level, the Bill of Law n°5730 modernising Luxembourg corporate law was adopted by Parliament on 13 July 2016 and is dated 10 August 2016.
Learn more about the context and have a look at the analysis of Pierre Beissel and Sébastien Binard in this article, firstly published in the magazine CAPITAL V (LPEA).
What you need to know about the Company law reform and its opportunities for investment funds in a 2 minutes video.
WATCH THE VIDEO
To empower youth to tackle tomorrow’s challenges, Arendt & Medernach is organizing the Arendt Young Leaders Days, a two days forum, allowing European young lawyers & leaders to exchange on upcoming opportunities.
In the rapidly shifting, legal, regulatory and fiscal environments affecting the international investment funds industry, providing a stable and reliable structuring framework while keeping up with the pace of innovation is a delicate balancing act.
In order to achieve this, Luxembourg has readily embraced the paradigm shift towards ever-more harmonised regulation in the alternative investment funds industry, precipitated by the G20 in the aftermath of the 2008 financial crisis.
Shortly before the end of 2015, a bill of law was tabled to the Luxembourg Conseil d’État with the aim to introduce into Luxembourg law a new investment fund framework combining the strengths of the SIF and SICAR regimes with the flexibility of the modernised limited partnership forms under a new acronym: the RAIF (the “reserved alternative investment fund” regime) or FIAR (fonds d’investissement alternatif réservé). The availability of the RAIF will be reserved for authorised AIFMs, which may be based in Luxembourg, any other EU Member State or, if and when the AIFM management passport is introduced, for third country AIFMs.
Read more about this new regime with our head of London office and partner in Private Equity & Real Estate Camille Bourke and our Senior Associate in Investment Management Jérôme Lasserre, in the article they wrote in the AIMA journal (Alternative Investment Management Association).
Full article below.
Our head of Dubai office Bishr Shiblaq and our Investment Management partner Claude Niedner and Private Equity & real Estate partner Gilles Dusemon discuss the modernisation of the Luxembourg fund structuring toolbox in this article published in MENA Fund Magazine Manager about RAIF, the reserved alternative investment fund regime.
Luxembourg is Europe’s most important cross-border investment funds domicile, both for retail (i.e. Ucits), as well as for AIF. In terms of distribution capabilities, there exists no other investment funds domicile with the same truly global reach and worldwide recognition from both investors and managers.The success of Luxembourg’s investment funds industry is built upon its connectivity potential with managers and investors from around the world and the stability thereof. Investment funds require a solid, yet flexible, legal, regulatory and fiscal framework, which allows them to make long-term projections. The Luxembourg model has traditionally been based on sound regulation at product level. The AIFMD then introduced a manager regulation with certain product regulation features.
Read the full article below.
Luxembourg’s innovative and pragmatic legislation is helping businesses from around the world create European acquisition hubs.
Our partner and head of corporate, tax and capital markets Laurent Schummer, describes the innovative legislation that supports innovative businesses in Luxembourg.
Being in a tax-neutral environment at the heart of the EU and with access to any European passports that may be required, Luxembourg is the place of choice to set up holding or JV platforms for acquiring businesses or assets on a pan-European basis in any industrial, commercial or financial sector.
<p>After almost ten years of work at parliament level, the Bill of Law n°5730 modernising Luxembourg corporate law was adopted by Parliament on 13 July 2016 and is dated 10 August 2016.</p>
<p>Learn more about the context and have a look at the analysis of <a href="/lawyers/Pages/Lawyers/pierre-beissel.aspx" target="_blank">Pierre Beissel</a> and <a href="/lawyers/Pages/Lawyers/sebastien-binard.aspx" target="_blank">Sébastien Binard</a> in this article, firstly published in the magazine CAPITAL V (LPEA).</p>
Distinguished external speakers together with representatives from our firm will discuss topics including: RAIF, Brexit, BEPS and EU investment fund landscape post UCITS V and AIFMD.>
MAPIC, salon international dédié à l’immobilier commercial, se tiendra à Cannes du 16 au 18 novembre 2016. Nos avocats Christian Point et Pierre Hédouin seront présents.>
Arendt & Medernach will participate in the ALFI roadshow to Switzerland in Geneva on 8 November and Zurich on 9 November. Our Partners Gilles Dusemon and Henning Schwabe will be present the two days to present Luxembourg as global fund centre.>
Arendt & Medernach is sponsoring the LPEA breakfast seminar in London which will take place on 19 October 2016 for an update on Luxembourg’s key features available to UK fund managers.>
We are delighted to announce our 7th Arendt Financial Law Forum Asia to be held in Raffles Hotel in Singapore on Wednesday, 19 October 2016. >
Please join us on 15 September 2016 for a breakfast seminar during which we will present and discuss the most relevant and up-to-date AIF structuring trends for the European AIF industry at large.>
Annual Seminar and Cocktail Reception took place in New York on Tuesday, 13 September 2016.
The modernisation of the Luxembourg company law framework via the adoption of bill of law 5730 is a significant development that will impact your business. The partners of Arendt & Medernach are pleased to invite you to an investment funds seminar on that subject on Tuesday, 6 September 2016>
Alfi Frankfurt on 7 July: Claude Niedner, our Partner Investment Management, Private Equity & Real Estate will be present as moderator of a panel on RAIF.>
Arendt & Medernach is a sponsor of the LPEA Roadshow in US, which will be held on 25 May 2016 in New York, and on 26 May 2016 in Boston.>
Arendt & Medernach is a sponsor of the AIMA Global Policy & Regulatory Forum, which will be held on 18 May 2016 in London.>
Claude Kremer will be moderator of a panel about asset management industry at ALFI London conference on Wednesday 4 May 2016>
Arendt & Medernach is a sponsor of the LPEA Roadshow, which will be held on 4 May 2016 in London.>
Our Partner Claude Niedner will be a speaker on the workshop "Update on AIFMD implementation" during the 17th Annual International Conference on Private Investment Funds 2016 from March 6 to 8 in London.>
Arendt & Medernach is a sponsor of the LPEA Breakfast Conference 2016 which was held on February 4 in Zurich, Switzerland.>
Arendt & Medernach is delighted to held on Tuesday, 26 January 2016 in London a breakfast seminar. The structuring of fund financing in Luxembourg will be discussed and explored. >
Arendt & Medernach is a sponsor of the ALFI - European Alternative Investment Funds conference 2016 which will be held from January 19 to 20 in the European Convention Center in Luxembourg.>
Arendt & Medernach will be sponsoring the Private Equity Exchange and Awards, which will take place on 3 December 2015 in Paris.>
The partners of Arendt & Medernach are pleased to invite you to an interactive breakfast seminar in order to provide you with an update on recent European and Luxembourg developments in private equity and real estate.>
We are pleased to announce that Arendt & Medernach will participate in the ALFI roadshow to the US which will take place in San Francisco, Chicago, New York from 9 to 13 November.>
We are pleased to announce that Arendt & Medernach will participate in the ALFI roadshow to Switzerland which will take place in Geneva and Zurich.>
We are pleased to inform you that Arendt & Medernach will be participating in the 18th edition of the International Trade Fair for Commercial Property and Investment EXPO REAL 2015 which will take place in Munich from 5 to 7 October 2015, at the Luxembourg national pavilion organised by the Chamber of Commerce.>
Arendt & Medernach is sponsoring the LPEA Roadshow in Paris which will take place at the Cercle de l'Union Interalliée on Monday, 28 September 2015. Our Partner, Pierre Beissel, will be making a presentation entitled "Luxembourg en pratique : fonds parallèles & doubles sociétés de gestion en France et au Luxembourg". He would be delighted to meet with you during or after the seminar.For more information on the agenda and registration, please click here>
Arendt & Medernach is a sponsor of the LFF China Financial Mission 2015, which has been held from 21 to 25 September 2015 in Beijing, Shanghai and Shenzhen.>
The partners of Arendt & Medernach are pleased to announce their seminar entitled "International real estate investments through Luxembourg: Facing changes!".>
Camille Bourke will be a speaker during the IBA Private Investment Funds which will take place in London from March 8 to 10.>
The breakfast seminar has taken place in London on 12 March 2015.>
Our partner, Gilles Dusemon will be a speaker during the ALFI Roadshow to Amsterdam 2015 which will take place on 12th February at the hotel Okura. >
Our partners, Claude Niedner and Catherine Martougin, will be speakers during the ALFI - European Alternative Investment Funds conference which will be held on November 25th & 26th in Luxembourg.>
Arendt & Medernach is a sponsor of the LPEA breakfast 2014 which will take place in New York on Thursday, 9 October 2014.>
Arendt & Medernach is a sponsor of the Luxembourg For Finance - EXPO REAL 2014 which will be held from October 6 to 8 in Munich, Germany.>
Claude Niedner will be a speaker during the Hedge Fund Association Symposium which will be held on September 18 in New York, USA.>
Camille Bourke will be a speaker at the Capital Creation conference to held from September 8 to 10 in Monaco, France.>
Gilles Dusemon will be a speaker at the ALFI New York roadshow on 5 June 2014 in New York.
For more information about the conference, please consult the programme attached>
Arendt & Medernach is a sponsor of the MIPIM 2014 conference. Meet our partners during the conference which will be held from 11-14 March 2014.>
Gilles Dusemon will be a speaker at the ALFI Amsterdam conference on 4 March 2014 in Amsterdam, the Netherlands.>
Guy Harles will be a speaker at the IBA conference on "Mergers, Acquisitions and Inward Investment in Africa" on 8 November 2013 in Lagos, Nigeria.>
Further to our AIFMD Seminar in London on 10 October 2013, please find attached the conference slides.>
Anne Contreras and Marc Elvinger will be speakers at a conference entitled "European impact investing Luxembourg - the gateway to innovative finance" on 26 September 2013 in Luxembourg.>
Yves Lacroix will be a speaker at the Capital creation conference on 16 September 2013 in Monaco.>
Further to our Annual UCTIS & Private Equity Seminar in New York on 23 April 2013, please find attached the conference slides.>
Laurent Schummer was a speaker at the Paperjam business club conference on “structured finance” on 30 January 2013.>
Bishr Shiblaq was a speaker at the Real Estate Investment conference on "Luxembourg - your Hub for Global Real Estate Investments" on 10 January 2013 in Istanbul.>
Camille Bourke was a speaker at the 3rd AIFM Directive 2012 conference organised by the Private Equity Forum in London on 27 November 2012.>
Further to our conference "Alternative investment funds & UCITS - Luxembourg update" held in London on 16 November 2012, please find attached the conference slides.>
Claude Niedner was a speaker at the ALFI New-York AIFMD Breakfast on "Setting up an Alternative Investment Fund Manager in Europe – AIFMD Operational Opportunities and Challenges" from 9:50 a.m. on 16 November 2012 in New-York.>
Claude Niedner was a speaker at the ALFI Frankfurt Roadshow on " Umsetzung der AIFMD in Luxemburg " from 10:00 a.m. on 12 November 2012 in Frankfurt-am-Main.>
Catherine Martougin was a speaker at the Real Estate Fund Servicing conference on "The Limited Partnership Reform" on 26 October 2012 in Luxembourg.>
Pierre Beissel and Katia Gauzès were speakers at the IFE Private Equity seminar on 23 October 2012 in Luxembourg.>
Pierre Beissel was a speaker at the Luxembourg Real Estate Investment Vehicles conference on "Real estate investment vehicles, the way forward" from 10:30 a.m. on 8 October 2012 in Munich.>
Claude Niedner was a speaker at the ALFI Genève Roadshow on "Transposition de l'AIFMD au Luxembourg" from 09:50 a.m. on 5 October 2012 in Genève.>
Claude Niedner was a speaker at the ALFI Zurich Roadshow on "Umsetzung der AIFMD in Luxemburg" on 4 October 2012 in Zurich.>
Claude Niedner was a speaker at the ALFI Singapore Roadshow on "AIFMD: Regulated Alternative Investment Funds – The Luxembourg Fund Industry’s Solution for the Asian Distribution" on 27 September 2012 in Singapore.>
Claude Niedner was a speaker at the ALFI Hong-Kong Roadshow on "AIFMD: Regulated Alternative Investment Funds – The Luxembourg Fund Industry’s Solution for the Asian Distribution" on 25 September 2012 in Hong-Kong.>
Claude Niedner was a speaker at the ALFI Tokyo Roadshow on "AIFMD: Regulated Alternative Investment Funds – The Luxembourg Fund Industry’s Solution for the Asian Distribution" on 24 September 2012 in Tokyo.>
Claude Niedner was a speaker at the ALFI Global distribution conference on "AIFMD Directive - Passport or private placement: What is the best option?" on 19 September 2012 in Luxembourg.>
Stéphane Karolczuk was a speaker at the 7th Annual Asset Management Asia Seminar on "Luxembourg and selected EU fund regulations" on 13 September 2012 in Singapore.>
Claude Niedner and Gilles Dusemon were speakers at the ALFI New-York/Boston conference on 13 June 2012.
Further to our conference "Luxembourg Private Equity and Alternative Investment Funds" held in New-York on 5 June 2012, please find attached the conference slides.>
Catherine Martougin was a speaker at the IBA - 4th Annual Real Estate Investments Conference on "Cross-border real estate investments and restructuring: hot topics" on 26 April 2012 in Barcelona.>
Claude Kremer, Claude Niedner and Gilles Dusemon were speakers at the ALFI London conference on 23 May 2012>
Claude Niedner was a speaker at the ALFI Leading Edge Conference Series on "The Implementation of AIFMD in Luxembourg law" on 3 May 2012 in Luxembourg.>
Pierre Beissel was a speaker at the ALFI Leading Edge conference Series on "Who is in scope of the AIFMD" on 29 March 2012 in Luxembourg.>