Real Estate Funds
Service
Our team understands the intricate legal and regulatory frameworks that govern real estate investment, and we offer bespoke solutions that align with the dynamic nature of the market.
From fund formation and capital raising to compliance, tax structuring, and asset management, we offer full-service legal support to ensure the successful operation of real estate funds. Whether you are managing a core, value-add, or opportunistic fund, we are committed to helping you achieve your investment goals.
Our Real Estate Funds Services
We provide a wide range of legal services designed to support the full lifecycle of real estate investment funds, from inception to ongoing management and eventual exit. Below are the key areas of real estate fund law and services that we specialise in:
- We advise clients on the establishment of real estate funds, including the choice of fund structure (e.g., limited partnerships, joint ventures, SICAVs, REITs), ensuring that it is suited to the client’s investment strategy, jurisdictional requirements, and investor base.
- Our team works closely with clients to draft and negotiate fund documentation, including offering memoranda, limited partnership agreements, and management agreements, ensuring alignment with investor expectations and regulatory requirements.
- Raising capital for a real estate fund involves a deep understanding of securities laws, investor protection regulations, and market conditions. We support clients in capital raising efforts, ensuring compliance with global regulatory frameworks, such as the EU’s AIFMD, US Securities laws, and other local regulations.
- Our team advises on the structuring of investor relations, providing guidance on investment terms, disclosures, and compliance with anti-money laundering (AML) and know-your-customer (KYC) requirements, ensuring a smooth fundraising process.
- Once the fund is established and capital raised, we provide legal support for the acquisition of real estate assets, from residential and commercial properties to large-scale developments and mixed-use projects.
- Our team handles the complex legal aspects of acquisitions, including negotiating purchase agreements, conducting due diligence, managing zoning and planning issues, and addressing environmental considerations.
- We assist real estate funds in securing financing for asset purchases and development projects, working with a wide range of lenders and financial institutions to structure debt solutions that align with the fund’s investment objectives.
- Our financing expertise includes advising on debt raising, syndicated loans, credit facilities, and mezzanine finance, as well as ensuring compliance with relevant financial regulations and debt covenants.
- Navigating the regulatory landscape for real estate funds can be complex, particularly when managing funds across multiple jurisdictions. Our team provides in-depth advice on regulatory compliance, including adherence to the Alternative Investment Fund Managers Directive (AIFMD), the Markets in Financial Instruments Directive (MiFID II), and local securities laws.
- We ensure that the fund’s governance structure complies with relevant legal standards and best practices, from investor reporting to fiduciary duties of fund managers and directors.
- Tax structuring is a critical component of real estate funds, and our tax experts provide tailored advice on how to optimise the tax efficiency of your fund’s operations, taking into account local, international, and cross-border tax considerations.
- We assist with structuring fund investments to mitigate tax risks, manage capital gains, and leverage tax incentives or benefits for both the fund and its investors, including advice on REIT tax structures, VAT, withholding taxes, and transfer pricing.
- Once assets are acquired, we provide ongoing legal support to real estate funds in managing and operating their portfolios. This includes advice on property management agreements, leasing strategies, tenant relations, and regulatory compliance.
- Our team helps ensure that funds are operating in line with their investment strategies and regulatory obligations, managing risk and maintaining asset value over the lifecycle of the investment.
- Our team advises on a variety of exit strategies, whether through the sale of individual assets, portfolio sales, IPOs, or secondary market sales. We assist in structuring and negotiating exit terms to maximise value for fund investors.
- We also support the wind-down process, advising on the distribution of proceeds, liquidation procedures, and tax implications of exit transactions.
- Disputes can arise at any stage of a real estate fund’s lifecycle, from acquisition and financing issues to investor disagreements and property management disputes. Our dispute resolution team provides expert guidance on resolving conflicts efficiently, whether through negotiation, mediation, arbitration, or litigation.
- We assist with shareholder and partner disputes, regulatory investigations, contractual disagreements, and other disputes that can impact the fund’s operation and reputation.
- As a global law firm, we have significant experience advising on the formation and management of cross-border real estate funds. We understand the complexities of operating in multiple jurisdictions and can guide clients on legal, regulatory, and tax issues in different countries.
- Whether you are looking to invest in US, European, Asian, or Middle Eastern markets, we provide legal services that ensure compliance with local laws while optimising the fund’s investment strategy across borders.
Harry Snook
Rehana Hussain
Riccardo Cozzolino
Florian Hoffmann
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