The Regulatory Framework for Shareholder Loans from Real Estate Funds to Property Companies – And Vice Versa

Overview


When structuring real estate transactions for real estate funds, it can be advantageous to issue shareholder loans by the fund to a property company (“downstream loan”). Similarly, there may be situations in which it is economically advisable to grant loans from a property company to a fund (“upstream loan”). In both cases, the question arises as to whether these measures are permissible under supervisory law.

Read the full article in German here.