References

aws Gründerfonds is one of the most important Austrian venture capital funds for new companies in their start-up and initial growth phases. Venture capital financing is characterised by innovative companies, creative approaches and optimally efficient implementation. These principles also apply to the legal support we provide. In the past, we have advised aws Gründerfonds on various transactions, covering everything from legal due diligence to the negotiation of transaction documents and the execution of transactions.

Legal service: Legal Due Diligence and transaction consulting

Dr. Paul Koppenwallner, LL.M.
Partner
Tel.: +43 1 512 59 55 700
E-Mail: paul.koppenwallner@actlegal-wmwp.com

We supported the German Lindner Group (a German group with more than 80 international subsidiaries in the construction and real estate sectors, and over EUR 1 billion in sales) in the ongoing reorganisation of its group structure. In 2018, we had already assisted the Lindner Group with the transfer of numerous subsidiaries to a new European intermediate holding company based in Austria; further subsidiaries have now been transferred to this intermediate holding company (contributions in exchange for the issuing of new shares).

Legal sercive: Re-organisation of the group structure

MMag. Dr. Robert Winkler
Partner
Tel.: +43 1 512 59 55 300
E-Mail: robert.winkler@actlegal-wmwp.com

For more than a decade, we have been supporting one of the largest and leading full-service providers in the Austrian residential property market (BUWOG Group) with all legal matters relating to rental and housing law. In this context, we have developed a receivables management system with which we are directly connected and which takes into account the needs and internal structures of the company. We handle debt collection,
starting with the first reminder and continuing with legal action and implementation proceedings. Where necessary, we manage instalment payments and develop solutions in line with the given case in each situation. In addition, we provide advice and representation for a range of civil proceedings, always focusing on an overall concept. As soon as a matter is transferred to us, we become the link. This allows us to have our client’s back at all times. Our aim here is to ensure that processes are handled as quickly and efficiently as possible, whereby our strength lies not only in our expertise but also in our reaction speed.

Legal service: Housing and rental issues, receivables collection management

Dr. Iris Mutz
Partner
Tel.: +43 463 59 16 38 600
E-Mail: iris.mutz@actlegal-wmwp.com

A rapid review of the financing and insurance situation is required in the case of bankruptcies and restructuring. This is how the position of large creditors in insolvency proceedings can be improved. Together with VOLKSBANK WIEN AG, it was possible to make reference to a property mortgage as an argument for the extension of a lien to include the proceeds of the sale of a company in a situation in which an insolvency administrator rapidly executed such a sale. Without a rapid analysis and response, it would have been impossible to utilise this legal position in time. Ultimately, it proved possible to settle this legally controversial issue with the insolvency administrator by means of an additional repayment which was unplanned, yet satisfactory for the client.

Legal service: Restructuring procedures, addressing the financing and insurance situation

Mag. Martin Mutz, LL.M.
Partner
Tel.: +43 463 59 16 38 200
E-Mail: martin.mutz@actlegal-wmwp.com

A legal structure for an innovative financial instrument was co-developed in connection with an investment in electro-technical infrastructure. The financial instrument involves a new, innovative approach, whereby the investment funds are regarded as equity capital but can be managed by the investor as debt capital. It was necessary to find a legal balance between securing investments, ensuring sufficient control (without jeopardising the consolidation) and developing a legally viable structure with regard to the return on the investment. Only with these conditions being met can the infrastructure operator take advantage of the benefits for improved equity capitalisation. As a further pre-transaction and accompanying measure, a cash pooling system that suited the overall concept had to be implemented for the liquidity management of the target company.

Legal service: Development of legal structure for an innovative financial instrument, cash pooling

Dr. Martin Wiedenbauer
Partner
Tel.: +43 463 59 16 38 100
E-Mail: martin.wiedenbauer@actlegal-wmwp.com

New business development ideas or new business models developed by start-ups often have a character similar to that of banking services. In this case, it is important to review these ideas in terms of banking and other regulatory requirements and to formulate solutions that ensure the business model can be implemented in a compliant manner. Due to my 15 years of experience in the financial industry, I am passionate about developments in this sector. One good example of our work in this area is offered by how we helped an international provider of asset-backed virtual tokens enter the market and acquire the necessary concessions in the EEA. First of all, it was important to classify the token correctly from a legal point of view and to make the regulatory requirements clear. After that, we identified the possible alternatives for market entry.

Legal service: Market entry and acquisition of the necessary concessions in the EEA

Dr. Roman Hager, LL.M.
Partner
Tel.: +43 1 512 59 55 800
E-Mail: roman.hager@actlegal-wmwp.com