Golding News

Regulatory

Returns begin with structure

For institutional investors, identifying an attractive investment strategy is no longer sufficient. Equally important is the question of whether and how that strategy can be structured from a regulatory, tax and operational perspective so that it remains investable for different investor groups over the long term.
golding-capital-lutz-boxberger
Lutz Boxberger

Private markets today operate in an environment characterized by increasing regulatory complexity, intricate tax frameworks, a high degree of regulatory change and differing national legal systems. While capital has long become global, regulatory requirements remain predominantly shaped by national frameworks. At the same time, new legislation, guidelines and market standards continuously reshape the landscape, resulting in increasing structural complexity. As a result, an additional dimension is becoming increasingly important alongside return, risk and liquidity: the structure of an investment. It increasingly determines whether an investment solution is regulatorily accessible, operationally practical and sustainable over the long term. This is where investability begins, because returns begin with choosing the right structure.

Structure makes the difference

Regulation is often perceived as a constraint. In reality, however, it serves a different purpose: creating transparency, protecting investors and providing orientation. The challenge is therefore not to avoid complexity, but to understand it and translate it into a robust decision-making framework.

A well-designed fund structure fulfills two key functions. First, it must be regulatorily accessible for different investor groups, both under current and future regulatory frameworks. Second, it should transfer economic outcomes to investors as efficiently as possible while minimizing unnecessary tax or structural friction.

Put differently, good structuring reduces complexity. It creates planning certainty and makes investment strategies investable for a broad range of investor groups.

Regulation as an opportunity

Current developments demonstrate that regulation not only imposes limits but can also create new opportunities. For example

  • the German Promotion of Location Act (»Standortfördergesetz«) is expected to facilitate access to private markets strategies,
  • infrastructure allocation quotas can create additional investment flexibility and
  • innovative platform solutions are opening new access routes for different investor groups. 

The key is to identify regulatory change early and systematically translate it into product structures. This is where effective structuring begins: not only with the implementation of existing rules, but with the ability to recognize regulatory developments at an early stage and convert them into sustainable, innovative investment solutions.

Understanding complexity. Reducing complexity. Translating it into investable solutions.

Today, structuring is far more than a legal exercise. It is an integral part of sound investment decision-making.

For this reason, structuring does not begin with implementing regulatory requirements. It begins with the design of an investment solution itself. Our objective is to assess regulatory developments at an early stage and develop solutions that are robust from a regulatory perspective, tax-efficient and operationally practical.

Industry association work and active participation in national and international expert committees also enable us to monitor regulatory developments at an early stage and help shape best practices. Investors benefit directly through greater planning certainty, the early adaptation of product structures and investment solutions designed to remain viable over the long term.

Successful private markets investing does not begin with the selection of attractive assets. It begins with a structure that brings together regulatory requirements, tax efficiency and operational feasibility.

Understanding complexity, reducing it to what truly matters and translating it into investable solutions is the key to sound investment decisions. Because orientation creates investability. In an environment where the rules of the game continue to evolve in real time, a sustainable structure itself becomes a key value driver, supporting investors in achieving their long-term objectives.

Press Contact

golding-capital-susanne-stolzenburg

Susanne Stolzenburg

Head of Marketing & Communications · Director

You would like to find out more about Golding Capital Partners or are you interested in a background discussion on topics relating to private markets?

Get in touch