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ARTICLE · 11 APRIL 2016

Most Recent Changes To The German Regulatory Situation For Debt Funds

Reed Smith (Worldwide)
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Pursuant to recent legislative changes, certain investment funds are now entitled under certain conditions to originate or restructure loans in Germany without the need to obtain a banking licence for lending.

GermanyFinance and Banking
Dirk-Peter Flor
Dirk-Peter Flor
René Lochmann, LL.M.
René Lochmann, LL.M.
Dr. Anselm Reinertshofer
Dr. Anselm Reinertshofer
Author LinkedIn connections

Executive summary Pursuant to recent legislative changes, certain investment funds are now entitled under certain conditions to originate or restructure loans in Germany without the need to obtain a banking licence for lending. Due to the legislative changes, it is now easier to originate or restructure third party loans for certain types of German alternative investment funds (AIFs), and various types of German funds now have broad possibilities to grant shareholder loans or to acquire loans. For EU AIFs, it is now generally easier to originate or restructure loans in Germany. Even foreign (i.e. non-EU) funds may now grant or restructure loans in Germany, but subject to much stricter requirements than those for EU AIFs. This Reed Smith alert sets out an overview of the changes and the updated situation.

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