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Loan-Originating Funds

The practice advises on the establishment and operation of loan-originating AIFs and the specific requirements introduced under AIFMD II.

50 Brazilian Real

S E R V I C E S

  • ​Structuring and establishment of loan-originating AIFs

  • Selection of the appropriate Irish fund structure

  • ICAV, ILP and other permitted fund structures

  • Closed-ended and open-ended loan-originating fund structures

  • AIFMD II loan-origination requirements

  • Investment strategy and loan-origination policy

  • Eligibility and classification of borrowers

  • Loan portfolio structuring and diversification

  • Borrower concentration requirements

  • Leverage and borrowing requirements

  • Risk-retention requirements

  • Originate-to-distribute consideration​

  • Related-party lending and conflictf of interest

  • Credit risk assessment and management arrangements

  • Loan servicing and administration arrangements

  • Investment management and delegation arrangements

  • Liquidity management and redemption arrangements

  • Depositary and fund administration arrangements

  • Investor disclosures and offering documentation

  • Governance and oversight arrangements

  • Regulatory compliance and reporting

  • Cross-border marketing and distribution

  • Amendments, restructurings and changes to the loan strategy

  • Ongoing legal and regulatory advice

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