We specialise in advising asset management companies, fund initiators and institutional investors on investment funds whose investors have responded to increased yields from alternative asset classes and falling property prices with redemption requests. The valuation adjustments currently required are making it difficult for fund companies to keep their real estate funds in adequate compliance with internal or regulatory requirements. The focus often lies on preserving the fund assets, balancing conflicting investor interests and complying with the legal and contractual framework conditions.
Your challenges
Our solutions
- Advice on avoiding a suspension of redemptions and liquidation and on reconciling the different interests of the various investor groups and the asset management company
- Negotiation and conclusion of standstill agreements with investors requesting redemption in order to avoid a wave of redemptions, agreement with remaining investors
- Advice on the placement and re-placement of shares
- Drafting settlement agreements, support during liquidation
- Advice regarding the pressure to sell, difficult market conditions, or if prices fall below fair market values, in particular taking into account the asset management company’s due diligence obligations
- Dealing with revaluation requirements and realising appreciation potential
- Identifying potential for conversion or further development
- Handling cash flow issues due to the insolvency or imminent insolvency of tenants (e.g. in the care sector)
- Advice on refinancing issues from a financial regulatory perspective