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.

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.

Main Areas of Practice

Funds  

Finance  

Real Estate & M&A  

Insurance  

Treasury  

International Taxation  

Compliance for FundsFunds: 

International Work

• Advisory and consulting services for a fund sponsor on the setup of a Luxembourg private equity fund of funds for professional and semi-professional investor (advice on, review and revision of fund documentation and service provider agreements)
• Legal and tax due diligence for several German insurance companies and pension funds for investments in real estate funds, infrastructure funds and private equity funds
• Analysis of VAT treatment of cross-border administration services for Luxembourg RAIF and SIF fonds. In particular focus on assessment of the VAT exemption provision of Sec. 4 (8) (b) German VAT Tax Act.
• Legal requirements on cross-border delegation regarding portfolio management
• Legal advice regarding liability risk for a member of an advisory committee in an English limited partnership
• Tax structuring advice for the acquisition of a majority stake in a Portuguese property holding company for a German tax-exempt investor via its Luxembourg regulated investment vehicle
• 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
• Regulatory and tax consulting services for a fund sponsor on establishing a Luxembourg AIF as an asset pooling vehicle for a German corporation under public law
• VAT consulting on investment advisory services to a Luxembourg alternative investment fund investing in German real estate
• Legal and tax due diligence of a US real estate fund for a German occupational pension scheme (Versorgungswerk) including side-letter negotiations
• Structuring of a Luxembourg AIF for German institutional investors investing in US real estate
• Tax due diligence for an investment in a real estate fund under Luxembourg ATAD 2/DAC 6
• Tax and legal (insurance regulatory) structuring of a Luxembourg real estate fund investing in US real estate
• Guidance and support for claims for unlawfully levied withholding tax in Germany and other European countries
• Tax advice for a Luxembourg holding concerning an exemption procedure pursuant para. 50d Income Tax Act
• Determining the place of management upon cross-boarder outsourcing of portfolio management
• Determination of the application of the double tax treaty between Luxembourg and the United States to a Luxembourg securisation vehicle
• Treatment of interest for crossborder shareholder loans granted to German partnership

Offices

Germany 

Nordstraße 116-118

40477 Düsseldorf

Luxembourg 

37A, Avenue John F. Kennedy

L-1855 Luxemburg