Private Equity & Funds

To help you achieve your business goals, our dedicated team of lawyers, civil-law notaries and tax advisers will assist you with all legal and tax aspects of the entire life cycle of a private equity fund, including:

Fund structuring, formation and fundraising

• Designing private equity and venture capital fund structures
• Creating state of the art carried interest and other incentive structures including obtaining advance tax confirmations (rulings)
• Drafting and negotiating fund agreements between fund managers and investors, specific arrangements with cornerstone investors, co-investment agreements, and related documentation

Fund operations and regulatory aspects

• Regulatory procedures and advice (AIFMD, MIFID, FATCA, CRS, etc.)
• Continued compliance throughout the fund’s lifecycle
• Analysis of, and dealing with anti-trust authorities

Acquisition finance and fund finance

• Structuring and negotiating on: (i) financing of an acquisition, (ii) refinancing, and (iii) recapitalisations
• Setting-up bankable structures (taking into account needs of either banks or credit funds for senior, junior or mezzanine debt)
• Assisting and organising the process on raising debt
• Structering and negotiating on: (i) subscription line financing and (ii) other (long term) fund financing

Acquisition and structuring of investments

• Legal and tax structuring of the acquisition and financing
• Purchaser or vendor legal and tax due diligence
• Drafting and negotiating of investments in portfolio companies and add on acquisitions
• Incorporating special fund vehicles
• Warranty and indemnity insurance policies

Structuring management or employee participation plans

• Structuring management or employee participation plans
• Designing buyout structures and management equity participation programmes

Exit strategies and disposal of portfolio companies

• Sale of portfolio companies, in bespoke one-on-one processes, controlled auction processes, IPOs or dual track procedures
• Drafting and negotiating of add on acquisitions and divestments for portfolio companies

Liquidation of a fund

• Exit preparations
• Winding up of the fund