Our Corporate Real Estate Practice

Our Corporate Real Estate group was created in response to changes in real estate transaction and portfolio structures, in which property and corporate matters are becoming increasingly interwoven. The group is primarily focused on portfolio deals, whether structured as a transfer of assets, of shares in property companies or a combination of both, and on advising on the establishment and operation of real estate funds. We use an integrated approach, with tax advisors, civil-law notaries and lawyers from different practices working closely together, ensuring that our clients receive total solutions through a single point of contact. We act for a wide range of clients, including real estate investors, property managers, fund originators and managers, developers and banks.

Our real estate funds experience

We have extensive experience in launching real estate funds and in assisting these funds with their implementation strategies. We advise fund managers and investors on a range of real estate funds: closed-ended, open-ended or hybrid. These are funds that are listed or unlisted, and aimed at institutional, private and/or retail investors.

Tax efficiency, regulatory compliance and meeting investor expectations are key goals when structuring real estate cross-border funds. From a tax perspective, this can often involve utilising appropriate treaty networks and ensuring satisfactory arrangements relating to management and control as well as substance. Funds are established to meet investors' expectations including those relating to corporate governance and fee transparency. We also ensure that the funds may be marketed to target investors by obtaining any necessary licences and obtaining approval of the prospectus, or structuring the offering in a manner that allows the use of available exemptions.

Our transaction experience

CMS Derks Star Busmann has broad experience and expertise in major and complex property transactions, acting for sellers, purchasers, landlords and tenants. This includes drawing up sales-, tenancy- and development agreements, conducting due diligence investigations and advising on financing, corporate governance, regulatory matters and all relevant areas of property law.