Investment Management

We have extensive knowledge in the structuring and restructuring of EU, UK and Italian investment funds. Our advice focuses on fund formation, fundraising, rules and PPMs, side letters, investment and advisory agreements, placement marketing and offers including negotiations with international and institutional entities including family offices and high net worth individual/ ultra high net worth individuals. We also assist with regulatory and compliance issues, the formulation of co-investments, exits, liquidations and wind downs.

In addition, our team advises in connection with AIFMD (Alternative Investment Fund Managers Directive) on rules and implementation, establishment and regulation of AIF and AIFM, management and marketing passports, cross border activities, EU and Extra-EU jurisdictional surveys, third countries and temporary regimes.

Our practice includes assistance with alternative banking vehicles and structures, establishment of credit/debit funds and issues of debt, illiquid and distressed asset structures and management, the private debt market and borrowing and lending of funds.

Our team regulated intermediaries including banks and insurance undertakings in structuring and offering products and services and has capital market experience in securitisation relating to RMBS, CMBS and healthcare, as well as IPOs on alternative markets.

Members of our team are called upon to act as an arbitrator in proceedings related to funds, insurance, banking and capital market issues. We also advise on fund related transactions such as secondary disposals of LP interests and co-investments. We also regularly advise managers on the terms of their participation in carry and co-investment arrangements on joining or becoming fund management groups.

In the US, we are well versed in the qualifications necessary for exemption from the registration requirements of the Securities Act, the Investment Company Act and the Commodity Exchange Act.

A critical, but continually overlooked aspect of structuring a fund is to combine commercial expertise with cutting edge tax advice for fund managers, investors and principals.  This is where our investment management team can help - offering tax and legal structuring on both sides of the Atlantic.

We negotiate master and netting agreements, confirmations and prime brokerage arrangements. Our experience extends to the underlying investments, including derivative products.

With offices in London, New York, Greenwich Connecticut, Geneva, Hong Kong and the BVI, we have a wide-angle lens on fund creation across jurisdictions for a tax-diverse range of investors and principals. We advise fund administrators, principals and investors on every aspect of tax planning, including conversion of fund management firm to LLP status where beneficial and structuring employment agreements.

In the US, we are well versed in the qualifications necessary for exemption from the registration requirements of the Securities Act, the Investment Company Act and the Commodity Exchange Act.

In the UK, we provide specific advice as to most appropriate offering vehicles and listing of funds in various markets, including AIM and the new specialist funds market.

Where funds are distressed or facing insolvency, we provide advice on issues affecting rights, obligations and duties, in conjunction with our litigation, insolvency and regulatory lawyers.

Banks come to us for guidance on leverage and lines of credit to funds and we have the capacity to act as "in-house counsel" for the funds themselves.

Recent work
 

  • Acting for an ESCO in reshaping the group at EU level and in structuring investment funds aimed at green building, retrofitting and energy saving.
  • Acting for an Italian management company in establishing a debit/credit fund.
  • Advising 'Be Finance', an Italian leading credit broker, in the securitisation of tax receivables.
  • Assisting a leading international banking group in the reorganisation of their Italian branch under CRD IV.
  • Acting on a £20m secondary sale of co-investments in a major UK private equity fund.
  • Advising a seed investor on a seed investment into a Cayman debt fund.
  • Advising a seed investor on its participation in an EU trade receivables fund and its associated investment in the UK LLP manager.
  • Advising the Fine Art Fund Group on structuring co-investment arrangements.
  • Advising an investor in a UK private equity firm on the shareholders' agreement governing its co-investment obligations, carry participation and funding obligations.
  • Advising on the terms of a limited partnership agreement governing co-investment arrangements between various funds of funds and a UK fund manager.
  • Advising LPs on their participation in UK and US limited partnerships, side letters and deeds of adherence including advice on tax issues.

Locations (1)

People (517)

Peer Reviews

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    4.8/5.0

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Client Reviews

  • 4.8/5.0 4 reviews
  • 100% client recommended 4 recommendations
  • Communication

    5.0/5.0
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  • Quality of Service

    4.7/5.0
  • Value for Money

    4.7/5.0

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Diversity

We are an equal opportunity employer committed to enhancing diversity within the workplace.

We recognize and value the benefits that a diverse workforce can bring to the organization. Diversity is not limited to gender and ethnicity, and includes factors such as religion or belief, disability, age, marital status and sexual orientation. All our employees and Partners are responsible for the promotion and advancement of equality and diversity within the Firm.

Much of our work on diversity in the last three years has been about putting good monitoring tools in place to ensure that we understand where the gaps are within our workforce, making changes to our strategies and communicating our policy on equal opportunities and diversity to our staff and training those involved in managing and recruiting others.

Since 2002, Withers has experienced a period of growth. The expansion of our client base has highlighted our clients' need for a highly skilled and diverse workforce. The business need to support diversity is evident and Chris Priestley (a Partner in our Commercial group) has been nominated to ensure that Diversity is high on the partnership agenda.

Diversity Audit

In 2006 we undertook our first diversity audit of our workforce, monitoring age, sexual orientation, religion, ethnicity and disability. New joiners are monitored on an ongoing basis. Our diversity statistics are published below.

Communication of our commitment to Diversity

Each year our staff are asked to acknowledge their understanding of and commitment to the Firm’s Equal Opportunities Policy as part of our annual audit.

Our Supervisors and Partners receive training to ensure they understand their obligations in implementing our equal opportunity policy in the workplace.

In addition, all interview panelists are trained in the Firm’s approach to diversity and given guidance on our structured skill based approach to interviewing.

Promotion and Access to Development

Opportunities for promotion are communicated and made available to all staff on a fair and equal basis. A skills framework is used in all promotion, appraisal, and pay discussions to ensure a consistent and fair approach across the Firm.

Selection of candiates for promotion to 'Of Counsel or Partner' status is undertaken by a panel of Withers Partners, whose selection decisions are based upon technical expertise and pre-defined partner competencies.

Training is made available to all staff and Partners in line with our business needs. Training needs are recognized formally via our appraisal process, which is objective and skill based, to ensure a fair and equal approach.

Recognition for Diversity

Withers was ranked 2nd (out of the top 100 law firms) for having a high percentage of female equity partners in The Lawyer Career Report Survey 2006.

Withers also ranked 2nd (out of the top 50 firms) for Diversity with respect to women and ranked 1st for Diversity with respect for Gay and Lesbians in the Vault survey 2006.

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