We comprehensively advise on the conception, establishment, management and marketing of domestic closed-ended property funds (mostly in the form of so-called Special AIFs the units of which may only be acquired by professional and semi-professional investors) under the German Capital Investment Code (Kapitalanlagegesetzbuch – KAGB).
This includes e.g.:
- Legal advice on the conception, establishment and documentation (partnership agreements, articles of association, trust agreements, investor agreements, agreements on the appointment of asset management company, etc.) of domestic closed-ended real estate funds
- Drawing up of investment conditions and key investor information
- Legal advice on the appointment of the depositary (drafting/review of the depositary agreement)
- Representation of asset management companies vis-à-vis Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht - BaFin) in the licensing/registration and marketing notification procedures
- Ongoing advice to asset management companies regarding the requirements under supervisory law