A team led by capital market law expert Dr. Mirko Sickinger, Partner at the Cologne office of commercial law firm Heuking Kühn Lüer Wojtek, advised Investment-Partners GmbH and their founders Rolf Brodbeck and Roland Eschmann on the structuring and issuing of a profit-participation certificate of up to EUR 40 million. The client was advised, in particular, on the tax and legal structuring of the holding company and on the drafting of a securities prospectus and its coordination with the German Financial Supervisory Authority (BaFin) as requirement for the public offering of the profit participation certificates.
The bearer profit participation certificates are issued at their nominal value of EUR 100.00 each. Additionally, the profit participation certificates have a fixed term of initially up to December 31, 2024 and are equipped with a profit-oriented remuneration.
The newly established holding company BE Beteiligungen GmbH & Co. KG will use the issue proceeds to provide mainly growth capital to medium-sized enterprises in Germany, Switzerland and Austria. The growth capital is to be offered to the companies in the form of mezzanine capital, direct participation or as a combination of both. Target companies are primarily incorporated and unincorporated firms in the establishment phase (transition from early stage to later stage). Frequently, these will be family-owned companies, whose business activities are characterized by a long-term view, solid management, innovation strength and reliability as well as sustainability as regards the long-term securing of the company's success.
Counsel to BE Investment-Partners GmbH
Heuking Kühn Lüer Wojtek, Cologne:
Dr. Mirko Sickinger, LL.M. (Lead),
Lena Pfeufer (all Capital Market Law).
Heuking Kühn Lüer Wojtek, Frankfurt:
Dr. Marc Scheunemann, LL.M. (both Tax Law)