Firm / Organisation

Bödecker Ernst & Partner

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This content is provided by Bödecker Ernst & Partner.

Number of partners: 6 Number of lawyers: 12
Languages: English, German

Firm Overview:
Bödecker Ernst & Partner is an investment management boutique firm specialising in legal, tax and regulatory advice to a wide range of clients, including banks, insurance companies, investment companies and high net worth individuals. Since 1996 its team has been recognised in the market as one of the pioneers and leading experts in the field of alternative investments. The firm’s expertise lies in the areas of fund structuring, international tax, real estate and capital investment products, insurance and investment fund regulatory issues as well. The firm has built a strong international tax network based on both business and personal contacts worldwide. As a result, it is able to offer high quality, seamless and tailored advice to our clients in a national and international setting.

Main Areas of Practice:  

Funds
Finance
Real Estate & M&A
Insurance
Treasury
International Taxation
Compliance for Funds

Funds:
Bödecker Ernst & Partner structures funds both onshore and offshore for German Institutional Investors. It implements fund structures and provide both legal and tax support. It has decades of experience in advising regulated investors on their specific regulatory requirements.
■Advisory and consulting services for a fund sponsor on the setup of a Luxembourg private equity fund of funds for professionsal and semiprofessional investors
■Structuring of a Luxembourg AIF for German Insitutional Investors investing in US real estate
■Legal advice on the transformation of a Luxembourg special fund of a German pension fund from a FCP into a S.C.S.

Finance:
Bödecker Ernst & Partner provides legal and tax advice on financing issues arising in connection with real estate credit financing and structured hybrid financing. It also advises on asset-based finance and project finance.
■Legal structuring of a hybrid financing instrument under Solvency II principles
■Trade tax optimisation of project finance
■Financing structures of multi-tiered Luxembourg Real Estate Funds

Real Estate & M&A:
Bödecker Ernst & Partner advises on all legal and tax issues in connection with real estate. It advises real estate funds regulated under the German Investment Code as well as non-regulated funds on the structuring of domestic and foreign acquisitions.
■Advising on the allocation of real estate transfer tax on German real estate to a Luxembourg sub-fund
■Assessing the risk of active entrepreneurial management as part of the investor’s due diligence of a German real estate fund
■Tax due diligence for a commercial real estate acquisition by a German special fund

Insurance:
Bödecker Ernst & Partner advises insurance companies and sponsors of capital investment products on tax and regulatory issues.
■Advised on implications for investments caused by AIFMD and KAGB
■Adviced on pooling of capital investments in Luxembourg and German vehicles for several insurance companies in connection with the asset classes of infrastructure, real estate and private equity
■Structuring of an alternative investment fund tailored to the regulatory needs of German insurance companies

Treasury:
Bödecker Ernst & Partner advises on capital investments in connection with cash and investment management.
■Advice on liquidity portfolio investment in a fund vehicle investing in supplier’s short-term credits (Supply Chain Finance)
■Advice on tax balance sheet treatment of fund investments
■Advice on outsourcing/covering of pension liabilities

International Taxation:
Bödecker Ernst & Partner advises on crossborder capital investments and the structuring of international funds.
■Structuring of a French SCPI and French FPI for the acquisition of real estate in Germany
■Tax advice for a Luxembourg holding concerning an exemption procedure pursuant para. 50d Income Tax Act
■Determination of the application of the double tax treaty between Luxemnourg and the United States to a Luxemboury securitisation vehicle

Compliance for Funds:
Bödecker Ernst & Partner has many years of experience in compliance for alternative investment funds. Its expertise ranges from the preparation of filings pursuant to the German Investment Tax Act for foreign alternative investment funds to tax returns pursuant to general German tax law. It also prepares the highly complicated German CFC returns in a cost-efficient manner.

Clients:
The firm’s clients are funds, insurance companies, private banks and high net worth individuals. The firm advises three of the world’s largest asset managers, two of the world’s largest real estate private equity funds, four of the largest German insurance companies, major private equity and infrastructure fund sponsors as well as renewable energy funds.

Network:
In the event clients need professional advice from other jurisdictions Bödecker Ernst & Partner collaborates with lawyers and tax advisors from within its network. Its network is not based on contracts and paper; it is based on trust and strong ties to the best partners in law firms and consulting firms worldwide.