Industry

Private Debt: structuring, execution and insight

Two divers are underwater in clear blue water. One holds a guide rope, and both wear wetsuits, masks, and fins.

Private debt is a rising asset class. We support credit fund managers across the full fund lifecycle, from structuring and market access to regulatory navigation under AIFMD II and beyond. With deep experience in fund formation, regulatory compliance, and cross-border structuring, de deliver practical, strategic advice tailored to the evolving private credit landscape.

The evolving private debt market

As demand for private debt continues to rise, both managers and investors are facing a growing list of operational, regulatory and reporting requirements.

Whether you’re launching a direct lending strategy, executing a distressed debt transaction, or expanding into CLOs and broadly syndicated loans, the challenges are significant. Success hinges on structuring your fund appropriately, meeting investor and regulatory expectations, and effectively managing cross-border considerations.

At Arendt, we focus on helping you move forward with clarity and control. Our Private Debt group brings together experienced professionals across legal, tax, regulatory, compliance and investor services, all working as one team to support your strategy at every stage.

How we support you

We offer comprehensive support to private debt fund managers and institutional investors through a wide range of legal and regulatory services:

Fund formation & structuring

  • Structuring regulated and unregulated funds such as RAIFs, Part IIs, and ELTIFs.
  • Setting up institutional evergreen funds, open-ended funds or closed ended funds.
  • Structuring of underlying investment vehicles including leverage, securitisation arrangements and structured finance. 

Regulatory advice

  • In-depth guidance on AIFMD (including AIFMD II and loan origination requirements), ELTIF 2.0, EU Securitisation Regulation and other EU frameworks.
  • Support with regulatory licensing processes and reviews of internal governance, control and operational processes.

Tax structuring

Efficient structuring for cross-border lending and fund-level tax matters

Restructuring & distressed debt

Legal support on distressed assets, insolvency and secondary trades. We work hand-in-hand with our clients to offer pragmatic, tailored solutions that align with their investment goals.

The ‘commercially focused’ team at Arendt & Medernach has ‘an excellent understanding of market practice as well as local regulation and CSSF expectations’, ensuring that it is a very popular choice among fund managers on their structuring and regulatory requirements. Although retail funds (including UCITS) continue to inform a significant proportion of its workflow, the team is also adept at advising across a range of alternative strategies, including as these relate to private debt and private equity. Here, the firm has been at the vanguard of developments in the market, which has seen it very well-placed to generate work from clients on newer structures including “Evergreen Funds”, as well as the continued push towards impact investing.

Legal500
2024

Michèle Eisenhuth and Nicolas Bouveret are at the top of their game. Trusted legal advisors with solid in-depth experience and knowledge in the investment funds practice. Client-focused and able to deal with issues with practical solutions.

Legal500
2022

Nicolas Bouveret, who is ‘very knowledgeable on all things private debt

Legal500
2024

Ready to talk?

Let’s discuss how we can support your private debt strategy.

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Discover the “All About Private Debt” webinar series

Join industry-leading clients and Arendt experts as they share insights on the latest trends, opportunities and challenges in private debt. Each episode offers practical perspectives on market activity, fundraising, and more.