Our specialty is the conception of participation offers according to the Capital Investment Code (KAGB) and the Investment Act (VermAnlG) - regardless of whether it is offered by analogue or electronic means such as crowdfunding.
In terms of sectors and investment objects, we are as diverse as our clients. Whether real estate, renewable energies, private equity, loan funds, tech startups, whether cross-border or domestically focused, whether shares, limited partnerships or ICO: we find tailor-made solutions for the conception of participation offers.
Numerous legal issues (for example, capital market and capital investment law, corporate law, contract law, money laundering law), national and international tax law issues, as well as economic issues, which we solve in interdisciplinary teams with lawyers, auditors and tax consultants.
Our expertise is not only based on decades of experience in the conception of participation offers. Through membership in the "Central Real Estate Committee e.V." (ZIA) and participation in his working groups, we actively participate in the development of the fund industry. As a result, we are always on the pulse of the time.
Our core tasks include:
- Legal and tax conception of investment funds according to the KAGB, assets under the VermAnlG and private placements
- Supervision of the sales notification and approval procedures at the Federal Financial Supervisory Authority (BaFin)
- Creation / audit of sales prospectuses in accordance with the provisions of the German Securities Prospectus Act, the KAGB and the VermAnlG and the VermVerkProspV
- Creation / verification of information according to § 307 KAGB
- Creation / verification of key investor information according to the KAGB, asset information sheets according to the VermAnlG and basic information sheets for PRIIPs
- Preparation / verification of required contracts, e.g. Articles of association, investment terms, trust agreements, contracts for the appointment of the investment management companies and depositaries, agency agreements
- Preparation / verification of subscription documents (for example, subscription certificates, self-disclosure in accordance with FATCA and CRS)
- Preparation of tax appraisals
- Preparation / verification of the calculations required for prospecting
- Legal and tax advice on sales (sales organization and documentation, online distribution, distribution platforms)
- Competence Center
- Audit & Advisory
- Antitrust Law
- Commercial Agreements
- Corporate Law
- Dispute Resolution
- Energy Law
- Financing & Regulatory
- Industrial Property Law, Media, IP & IT
- Insolvency Law
- Labor Law
- Mergers & Acquisitions
- Procurement Law / Public Law
- Real Estate Law
- Structuring of funds
- Tax and White Collar Crime
- Venture Capital / Start Ups
- Management Consulting