ESG legislation and the new norm for fundraising in Germany, investor expectations and challenges for fund sponsors

ESG legislation and the new norm for fundraising in Germany, investor expectations and challenges for fund sponsors

04 Jun 2024|SuperReturn
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Patricia VolhardPatricia VolhardPartner at Debevoise & Plimpton

Patricia Volhard is a partner in Debevoise’s Frankfurt and London offices and is a member of the firm’s Private Equity and Funds/Investment Management Groups. Her practice focuses on advising private funds, including on the full range of European regulatory issues, and structuring funds for EU insurance companies and pension funds.

Ms. Volhard is one of Europe’s leading private funds regulatory lawyers and has played a prominent role in the ongoing development of the area, in part through involvement in Invest Europe (formerly the European Private Equity & Venture Capital Association). She is the former Chair of its Tax, Legal & Regulatory Committee, as well as the current chair of its Financial Services/Regulatory Working Group. She is also a member of the Board of the BVK, the German private equity association, and heads its Legal Committee.

Ms. Volhard has been recognised by the major legal directories as a leader in her field. She is recommended by The Legal 500 UK (2022) for her regulatory practice, where clients have described her as “a standout performer – top of her field.” In The Legal 500 Deutschland (2022), she receives praise for her ability “to apply the law, think through tricky situations and offer commercial, pragmatic advice.” Her practice is said to be “one of the few in the private equity market that can address global regulatory issues with a partner-led, solutions-oriented approach.” Who’s Who Legal names her as one of the foremost investment management lawyers in Germany and has stated that she is “first-rate on regulatory advice in relation to the management of private funds to clients.” She is also recommended as a leading lawyer for investment fund work by The Legal 500 EMEA (2021), where she is described as “very solution-oriented.” In previous editions of the guide, clients note her “good know-how” and “good eye for clients’ needs.” She is ranked in Band 1 by Chambers Europe (2021), where clients say she is “superb,” “very thoughtful, practical, and a real asset.” The guide has also described her as “a major jewel of the crown” and a “top-notch regulatory expert for funds matters in the EU,” who “has a firm grasp of the European regulatory environment and can quickly summarise the relevant issues.” In previous editions of the guide, sources note that she has a “deep knowledge of fund structuring, offers a high level of flexibility and effectiveness, and is perfect for complex situations.” Handelsblatt ranked Ms. Volhard as “Best Lawyer of the year 2019” for Investment Law. She is also recognised as a National Leader for Investment Management by Who’s Who Legal Germany (2020) which highlights her strong regulatory practice. JUVE Handbuch Wirtschaftskanzleien (Handbook of Commercial Law Firms) (2016/2017) notes that she is “almost without competition in her practice area.” Ms. Volhard is also listed by Expert Guides in its Best of the Best list for investment funds, as well as in its annual Women in Business Law list.

Ms. Volhard has commented in the media and written numerous articles relating to various aspects of her practice. Recent publications include “Debevoise & Plimpton Discusses European Commission’s Views on Sustainable Finance Disclosures Regulation,” CLS Blue Sky Blog (August, 2021); “Addressing ESG Considerations in the M&A Context,” GLI Mergers & Acquisitions 2021 (July, 2021); “What Brexit means for fund marketing,” Private Equity International (June, 2021); “Cross-border financial services after Brexit: searching for certainty,” Practical Law Magazine (May, 2021); “Germany: Mandatory Human Rights Due Diligence,” Compliance & Enforcement (May, 2021); “Retail investment funds in Germany,” a Q&A chapter in the Retail Investment Funds Global Guide, part of the Practical Law Global Guides series; “Neue ESG-Offenlegungspflichten zum 10. März 2021,” BVK Mitgliederinfo (March, 2021); “Der Markt passt sich schnell an,” VentureCapital Magazin (February, 2021); “Germany Private Equity Rebounds Defiantly,” Private Equity International (December, 2020); “Keeping an eye on sustainability goals in times of the corona crisis,” Börsenzeitung (March, 2020); “Private Funds CFO: What EU ESG rule delays mean for investment funds,” Private Funds CFO (October, 2019); “Brexit Roundtable,” Real Deals (January, 2019); “The Impact Of MiFID II On Private Equity Fund Managers,” Ipes (December, 2017); “Why Brexit Impact On Funds May Be Limited,” Private Debt Investor (September, 2017); “Terms and Structure of Debt Funds,” Private Equity (July, 2016); and “Keeping on top of the paperwork,” Private Equity International (July/August, 2016). She is also a co-author of the Germany chapter in Global Legal Insights Guide to Fund Finance (March, 2019); “Still planning for a no-deal Brexit,” Private Funds Management (November, 201😎; “Regulatory Implications Of A No-Deal Brexit,” Private Funds Management (October, 201😎; “Weighing Sustainability Risks In Private Equity,” Private Funds Management (September, 201😎; “Brexit: A Summer Flurry Of Activity But Still No Clarity For PE,” Private Funds Management (September, 201😎; “Private funds in Germany: regulatory overview,” Practical Law Global Guides (July, 201😎; “First-Time Fundraising Barometer,” BVCA Report (July, 201😎; the Germany chapter, “Fund financing in Germany,” in Global Legal Insights to Fund Finance: 2018 (February, 201😎; “Debevoise On Brexit: The ‘No-Deal Deal’,” The Columbia Law School Blue Sky Blog (February, 201😎; “Debevoise & Plimpton Discusses Contingency Planning For Brexit,” The CLS Blue Sky Blog (December, 2017); “Brexit And The AIFMD: Impact For US Private Fund Sponsors On Their Marketing And Advisory Activities In Europe,” American Investment Council (May, 2017); “Debt Funds for Institutional Investors: Current Developments in German Regulatory and Tax Law,” FYB Financial Yearbook (2016); and “Liberalisation of the German debt fund market,” Private Equity International (2015).

Ms. Volhard studied law in Frankfurt/Main, Strasbourg, and at the London School of Economics, where she obtained her LL.M. in 1999.

Ms. Volhard is admitted to practise in Germany and France, and speaks fluent German, French and English.

Benjamin SchultzBenjamin SchultzFounding Partner at Carbon Removal Partners

Benjamin Schulz is a founding partner at Carbon Removal Partners. He shares responsibilities on investing and portfolio success, and leading the firms activities in the US. He studied Mathematics at Imperial College, London. Prior to Carbon Removal Partners, Benjamin was involved in founding and building tech companies. He's been an active climate advocate through his work at CleanTechnica (worlds #1 cleantech site) and creation of the The Solar Panel Art Series (an internationally recognized art project).

Allegra DayAllegra DayESG Director at Cinven

Allegra is a member of the Portfolio team and leads Cinven’s ESG approach.

Allegra was previously a Manager in the Climate Change team at CDC Group where she led ESG value creation projects with portfolio companies and implemented the firm’s climate change strategy with a focus on the just transition to a net zero economy. Prior to CDC, Allegra advised businesses and investors on their sustainability strategies at Social Ventures Australia and was a commercial lawyer with Herbert Smith Freehills and Norton Rose in Sydney, Australia.

Allegra has an MBA from University of Oxford and a Bachelor of Economics and Bachelor of Laws (Honours) from the University of Sydney.

She joined Cinven in 2021.

Theresa BardubitzkiTheresa BardubitzkiSustainability Manager at KfW Capital

Theresa Bardubitzki is Sustainability Manager at KfW Capital. As part of her role, she is a member of the Investment Committee, analyzes and monitors ESG aspects of investments as well as impact measurement over the entire life cycle. In addition, she is responsible for the further development of new products (with a focus on diversity and impact), compliance with regulatory requirements, the implementation of the internal sustainability and diversity strategy and the anchoring of sustainability projects from KfW Group (impact measurement, GHG accounting, ESG risk management, taxonomy adjustment, CSRD reporting).

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