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V#2
capitalThe magazine of the Luxembourg Private Equity & Venture Capital Association
Akuo Investment
Management
a holistic
view on
business
69, bd. de la Pétrusse
L-2320 Luxembourg
T.: 352 40 49 601
www.wildgen.lu | lawyers@wildgen.lu
SINCE 1923
WILDGEN, PARTNERS IN LAW,
HAS BEEN AT THE HEART OF LAW PRACTICE IN LUXEMBOURG.
	
Needing expert legal advice on
Private Equity and Venture Capital in Luxembourg?
WILDGEN ASSISTS YOU.
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INVESTMENT FUNDS | IP-TMT | LABOUR | PUBLIC | TAX
“A FIRM YOU CAN RELY ON.”
#2 – capitalV – 3
Content
The magazine of LPEA

Editorial: Stéphane Boudon, Uli Grabenwarter,
Paul Junck, Julien Kinic, Vincent Lebrun,
Patrizia Luchetta, Jean-Pascal Nepper,
Hans-Jürgen Schmitz, Jérôme Wittamer,
360Crossmedia
Conception & coordination: 360Crossmedia
Artistic Director: Tom Norest
Cover photo: © Akuo
Print run: 1000 copies
capitalV
Disclaimer : To the fullest extent permissible under applicable law, LPEA
does not accept any responsibility or liability of any kind,
with respect to the accuracy or completeness of the information and data
from this documentation. The information and data provided in this
documentation are for general information purposes. It is not investment
advice nor can it take account of your own particular circumstances. If you
require any advice, you should contact a financial or other professional
adviser. No material
in this documentation is an offer or solicitation to buy or sell any
professional services, financial products or investments.
5. Editorial
Welcome to capitalV
6. Regulatory
AIFMD remuneration: Exceptions make the rule
8. Personal Story
A stable base for investing in a frantic world
10. Cover story
Akuo Investment Management [AIM],
A holistic view on business
14. Deal Story
SecureIT: How Luxembourg got on the data centre map
16. Interview
EIF Social Impact Accelerator Fund
18. Building Bright Futures Together
Setting the stage for niche-based biomedicine
20. Regulatory
Bringing Substance to Luxembourg
22. Life In Luxembourg
The expat education conundrum
24. Event Calendar
What, When, Where
ING Luxembourg, Société Anonyme – 52, route d’Esch L-2965 Luxembourg – R.C.S. Luxembourg B.6041
ING.LU
Private Equity professionals
have exclusive banking needs
which require speed,
reliability and expertise.
That’s why, at
ING Luxembourg,
we have a team of
specialists dedicated
to them…
Contact our Professional Intermediaries team
at +352 44 99 27 30
or at psf@ing.lu
#2 – capitalV – 5
Dear Private
Equity
professionals,
T
he second issue of Luxembourg
Private Equity & Venture Capital
Association’s (“LPEA”) proprietary
publication, “Capital V” is a reality.
Similarly to our inaugural edition, this one aims
to provide you with a comprehensive overview
of the Luxembourg private equity and venture
capital market. It goes beyond the technical,
tax, legal and regulatory overview to offer you
a flavor of Luxembourg’s life and culture.
It focuses on an industry niche, and it
once again profiles recent local
market developments. Our hope is
that this magazine will pique your
interest in the Luxembourg private
equity and venture capital space,
and urge you to consider it as a
viable alternative for your future
organizations’ developments.
LPEA stands ready to welcome,
guide and support you.
Kindest regards
Paul Junck, Managing Director
Hans-Jürgen Schmitz, Chairman
Luxembourg Private Equity
& Venture Capital Association
Editorial
After making its way onto the private equity industry’s radar over the
past year, the AIFM Directive has now become the latest hot topic for
PE fund managers. While industry players will be grappling with many
issues arising from the new regulation, it is remuneration that has
taken centre stage as one of the most controversial - and perplexing
- aspects of the directive.
6 – capitalV – #2
Taking in the big picture
Remuneration rules will obviously have a significant impact
on both an organisational and individual level. The Directive
aims to avoid conflicts of interest as well as excessive risk-
taking. So, in addition to identifying individuals affected, PE
managers have to disclose remuneration in their funds’
annual accounts and conduct an annual review of policies,
representing a sizeable shift in the way the industry operates.
Regulatory
The structure and timing of pay are also affected by new
rules. For structure, this means a balance between fixed and
variable remuneration for certain PE managers and a mini-
mum of 50% of remuneration paid in shares or units. For
timing, the Directive foresees a deferral of between 40 and
60% of variable remuneration by at least three years and
preferably five, in addition to malus, clawback and other rela-
ted provisions depending on the profile.
Jean-Pascal Nepper,
LPEA Member*
AIFMD remuneration:
exceptions
make the rule
#2 – capitalV – 7
Exceptions make the rule
A certain number of PE houses, however, may in fact find
that they do not need to adhere to all the above rules.
Included in the Directive is a principle of proportionality,
wherein fund managers who fulfil criteria based on size,
internal organisation and scope of activities can disapply
rules on deferral and variable remuneration among
others.
Some fund managers using carried interests might also,
under certain conditions, disregard deferral and variable
pay. On carried interest, the burning question for many is
whether it is covered at all. The answer is affirmative and
PE players will have to spend time considering how the
Directive applies to their schemes to ensure they comply.
In or out: which profiles are affected and how?
A first step will be to assess which individuals are caught up
in the new rules: the so-called identified staff. Remuneration
rules apply to a wide range of roles and even to delegates in
cases where the portfolio management function is outsour-
ced. Executive and non-executive directors, senior manage-
ment, risk takers and control functions are all impacted, as
well as any other employees with pay equivalent to or above
that of senior managers’ and who have a material impact on
the AIF’s or AIFM’s risk profile. In small PE houses, this means
that practically everyone is implicated, so the time is now ripe
to begin the review and get a head start on remuneration.
©KPMG
“the time is now ripe
to begin the review
and get a head start
on remuneration”
Jean-Pascal Nepper
* Partner, KPMG Luxembourg
8 – capitalV – #2
Personal Story
Julien Kinic, managing director of IDI Emerging Markets,
says Luxembourg’s appeal to private equity firms
includes its quality of life, but also the authorities’
ability to keep one step ahead of the competition.
A stable basefor investing in a frantic world
the pricing as we already knew the portfolio and trusted each
other.
An example of direct investment comes from Sub-Saharan
Africa and the trend for telecom operators to sell their mobile
phone masts to specialist firms. We invested in IHS Telecom,
a fast-growing portfolio company managing over 8,250 tow-
ers in Nigeria, Cameroon and Côte d’Ivoire.
Why did you set up your GP entity in
Luxembourg?
The business was launched in 2004 by IDI Group, a French
private equity house, and has been moved to Luxembourg in
June 2008 as an independent entity, to benefit from a trans-
parent and efficient structure for investing in emerging coun-
tries.
Our key people live in the Grand Duchy – with all their families –
providing an assurance of stability for our investors. Since we
are traveling all the time, Luxembourg provides a welcome
respite from the frantic world. I personally live close enough
to cycle to the office, with the airport only 15 minutes away.
Ourofficesintheheartofthecityarerelaxedandquiet,letting
us focus completely on our work.
Recently, we decided to launch our third investment vehicle
as a Luxembourg SIF. We are here for the long-run, and always
value the ability of officials to run the country as a well-man-
aged company and stay one step ahead of the competition in
the fund industry.
How and where does IDI Emerging Markets
invest?
We are an investment firm that focuses on private equity in
emergingcountries,with49investmentssofarin China,India,
Latin America, South-East Asia, Africa and the Middle-East
through three different approaches.
Ourhistoricalmodel–stillaccountingfor50%ofourbusiness
– involves investing through local PE firms. We also acquire
portfolios of emerging market investments through second-
ary transactions, and make direct investments in companies.
What kind of investments do you make?
In all our investments, we target equity investments in fast-
growing SMEs. An example of a primary fund investment is
Peepul Capital in India. The firm is run by two charismatic part-
ners from Chennai who are very passionate about the com-
panies they invest in, and with whom we have been working
since 2006. Through Peepul we invested for example in
MedPlus, a Hyderabad-based pharmacy and pathology lab
chain providing India’s middle-class professional medical
advice in-store. We managed a return of close to four times
the investment in this chain, which is growing at a rapid pace.
As another illustration, we conducted a secondary transac-
tion involving China Renaissance, a Chinese investment fund
with which we have been in contact regularly since 2008.
When one existing limited partner needed liquidity for its
share in the fund, we were able to move quickly and optimize
Interview:
Julien Kinic, IDI Emerging Markets
#2 – capitalV – 9
©DR
«We like
people who
fill a gap»
Julien Kinic
10 – capitalV – #2
Cover Story
#2 – capitalV – 11
Akuo Investment
Management [AIM],
a holistic
view on
business
©AkuoAIM
Cover Story
12 – capitalV – #2
©360Crossmedia/C.O.
nium and 100 kg of essential oil of citronella. Essential oils are
sold to European cosmetic companies, as well as to Origin
Biomed in Canada using it in drugs for diabetes. Close to
Pierrefonds, at Le Syndicat with a power plant similar in size and
technology, bio-melons and bio-watermelons are produced for
local consumption.
Farmershaveaccesstoaproductionenvironmentenablingabet-
ter control of local conditions, namely controlling the conse-
quencesofheavyrainsandexposuretocyclones,aswellasusing
less or no pesticides.
SimilarexperimentshavegonethroughinCorsica,withanempha-
sis on either sheep breeding, or beekeeping. It is known that all
beepopulationssufferfrompesticides,andourinstallationsfree
of them contribute to the production of honey in the best condi-
tions.
AssetManagement&ProductStructuringat
AIM
Inshort,AIMmanagesprivateequityfundsandhaschosentobe
regulated by the Luxembourg market authority, the most
advanced jurisdiction for alternative investments, and is building
diversifiedportfoliosofrealassets.Theteamlocatesinfrastruc-
tureassetstypicallycharacterizedbythelow-risk,regularreturns
of debt securities and the attractive capital appreciation of pure
equity investments.
In addition, AIM structures dedicated financial products backed
bylong-termcashflowsofrenewableenergyinvestments,ensur-
ing stable distributions to investors with fixed annual coupons;
andoffersinstitutionalclients,clean-techcompaniesandgovern-
mentagenciesunmatchedinsightandopportunitiesintherenew-
able energy sector.
The recent economic collapse in some western countries and
growing resentment towards shortsighted, business-as-usual
practices on Wall Street has caused increased global disillusion-
menttowardthefinancialindustryanditsinvestingculturewhich
is focused on short-term profit.
There has been since a movement in the last few years towards
a model of investing that takes into account not only financial
returns,butalsoenvironmental,social,andethicalconsiderations.
Businessschoolswhereallstartsthinknowaboutreviewingtheir
curricula, infusing a holistic view of business, where maximizing
shareholder value is not the only single objective anymore.
Casestudies
AIM was established in Luxembourg in 2008 and it finances the
development and construction of renewable energy infrastruc-
ture projects worldwide. It invests to build photovoltaic solar
farms,windfarms,biomassplants,andhydro-generatedelectric-
ity power plants. The team has a proven track record in carrying
through clean energy initiatives that generate stable, long-term
returns for investors and real social value for local communities.
AIMoftenstates“wemakemoneyandwereallyliketomakeareal
difference”.
Its“agrinergie”program,forexample,synergizessolarpowerpro-
duction and the land’s original agricultural output by switching to
higher-value crops that take advantage of greenhouses and the
shadowing created by ground-mounted panels. The company
helpsfarmersgrowandatthesametimeproduceelectricenergy
in a sustainable way.
Asanexample,inPierrefondsattheRéunionIslandlocatedclose
to Madagascar, AIM installed a PV solar plant producing around
3200MWhofgreenelectricityand80kgofessentialoilofgera-
Stéphane Boudon,
CEO
Akuo Investment Management
#2 – capitalV – 13
“AKUO helps farmer
grow and at the
same time produces
electric energy in a
sustainable way”
Stéphane Boudon
©AkuoAIM©AkuoAIM
©AkuoAIM
Jérôme Wittamer, Head of Investment
Management at Genii Capital, recounts
how the investment firm’s involvement
with data centre firm SecureIT
eventually turned a 51-fold profit –
and how its history is intertwined with
that of a small start-up called Skype.
14 – capitalV – #2
SecureIT
How Luxembourg
got on the data
centre map
Deal Story
What is the origin of SecureIT?
Wittamer:SecureITwascreatedinDecember2003byEricLux
from a small data centre operation in a building acquired by the
group’s real estate arm. Eric, Genii Capital’s founder and CEO,
talked with various parties and finally agreed that Gary Kneip
shouldrunthebusiness.Followingtheprivateequitypreceptof
promoting entrepreneurship and profit-sharing, Kneip took a
stakeinSecureIT,whichhedevelopedinpartnershipwithclients
such as IBM and HP, and soon with a small Luxembourg-based
start-up called Skype that then accounted for a minimal share
of its business.
How did the business expand?
Wittamer: Over the years, SecureIT re-invested all of its cash
flows (and more) into hi-tech equipment to evolve from Tier I to
TierIIservices,thensecuredadditionalspacefromstate-owned
LuxConnect to offer Tier III and IV services to customers such
asSkype.Growthcontinuedunabated(35-40%p.a.)duringthe
whole 2004-2012 period, with turnover approching nearly
€10mlastyear.InJanuary2012,GeniiCapitalbeganmarketing
thecompanytointernationaldatacentreoperators,resultingin
thesaleofthecompany(rebrandedData4LuxembourginJune)
and generating a 51x return on investment for Genii Capital.
What were the most important challenges of
SecureIT’s development?
Wittamer: The first challenge was to establish a data centre
solution that would meet and sometimes exceed its clients’
requirements at the best possible price. Bear in mind that in
2004, connectivity and datacentre infrastructure in
Luxembourg was limited – we had to foster co-operation
between industry players, politicians and investors to make
Interview:
Jérôme Wittamer,
Genii Capital
#2 – capitalV – 15
«Secure IT has
been a highly
successful
transaction for
Genii Capital»
Jérôme Wittamer
©360Crossmedia
thingsmoveandhelpputLuxConnectandLU-CIXontheirfeet.
TodaytheseeffortshavepaidoutasLuxembourg’sdatacentre
infrastructure is second to none in Europe. The second chal-
lengewaschangingourbusinessmodelfollowingLuxConnect’s
arrival.Insellingthecompany,themainchallengewasposition-
ing the business in light of the specific characteristics of the
Luxembourg market. The biggest international players, who
mostly operate their own infrastructures, are not yet in
Luxembourg; the significant market presence of state-owned
infrastructure providers thus made things a bit more compli-
cated. Most prospective buyers couldn’t understand the
Luxembourg model.
How can Luxembourg expand in the data cen-
tre industry?
Wittamer:Luxembourgwillundoubtedlyplayanincreasingrole
in the industry, but in the longer term, the role of the state and
LuxConnect will need to be addressed. Nothing would have
beenpossiblewithoutthem,realestatepricesandrareaccess
to substantial electric grid connections are a strong impedi-
ment for foreign investors, but soon the sector will need to
attract international leaders to generate new dynamics and
attract a new clientele. Publicly-owned infrastructure and the
costoflandhaveandwillcontinuetodissuadebigplayersfrom
setting up in Luxembourg; many of their international clients
already choose other destinations because their providers
have no Luxembourg presence. If looking at the coverage map
ofindustryleaderssuchasInterxionorEquinixisanyindication,
Luxembourgstillneedstomakeprogressinsomeareas.Losing
the formidable opportunity the cloud has to offer would be a
shame as Luxembourg understands the stakes and has a lot
to offer.
Uli Grabenwarter, who heads the European Investment Fund’s impact
investment initiative, says the Social Impact Accelerator fund is
designed to kick-start this new approach to investment, then let the
private sector pick up the reins.
16 – capitalV – #2
EIF Social Impact
Accelerator Fund
What exactly is impact investing?
An impact investment expressly incorporates a social and/or
environmental purpose as an integral part of the investment
decision. This approach is better known in the US, where
people like Jeff Skoll and eBay founder Pierre Omidyar have
raised its profile.
Several studies, including JPMorgan’s, project that impact
investing may account for a thousand billion dollars by the
end of the decade, but that may be taking an overly broad
view of what it consists of. Right now everyone wants to be
Interview
associated with impact investing because it is sexy, but bear
in mind that in 2004, the same thing was happening with
«cleantech». As we know, that didn’t turn out the way people
imagined.
So you are wary when G8 summits discuss
impact investing?
It is great if impact investing attracts the attention as being
one possible way to solving certain societal issues at scale,
but there is a long way to go. The important thing is that we
Uli Grabenwarter
«Our goal is eventually
to make our own
involvement
redundant»
Uli Grabenwarter
#2 – capitalV – 17
don’t lose sight of the substance of social impact that is pur-
sued. Right now impact investing is simply a response to the
desire of investors to place their money in socially and envi-
ronmentally responsible products. They are seeking a double
validation of their investment, a financial return and an envi-
ronmental or social one.
Visible success stories help attracting the spotlight, like an
entrepreneur who bought a ski resort near Oslo and demo-
cratised it by adapting prices to the social background of
each customer.
This turned out to be a strong marketing tool and led to the
establishment of innovative social partnerships with leading
brands. Turnover quadrupled, creating a business that is pro-
fitable, sustainable and environmentally certified and
demonstrates powerful impact in social inclusion and envi-
ronmental education for disadvantaged communities.
WhatroledoyouseefortheSocialImpact
Accelerator fund?
Our role is as a pioneer. Our goal is to nurture the emergence of
an infrastructure of funds capable of demonstrating that social
impactcanbecomeanewandsuccessfulassetclassinitsown
right. In May, we launched the Social Impact Accelerator, a pan-
European fund of funds structured as a public-private partner-
ship.TheEuropeanInvestmentBankhastakenthelargestshare
ofthe€60minitialcapital,butDeutscheAssetManagementin
London and French Crédit Coopératif are also investors, and
other likely private sector participants are in the due diligence
phase. Our aim is to have all the capital invested in around six
impact investment funds within six to nine months. After that,
wehopethatEuropeanCommissionwilladdmomentumtowhat
we have kick-started and endorse our approach of catalysing
private sector activity for this nascent market segment.
©360Crossmedia
Leveraging off current excellent life sciences
research, the Luxembourg government is ramping
up efforts to make the sector economically
successful while burgeoning research and
innovation.
18 – capitalV – #2
Luxembourg Personalised Medicine Consortium was born
in 2010 to amalgamate key stakeholders to concentrate
efforts into priority personalised medicine areas.
International collaborations expanding into industry con-
tinue to form and thrive under the same spirit.
And the efforts are paying off. At Luxembourg’s recent
Venture Lounge, an exclusive event – supported by LPEA
- that brought together companies looking for strategic
investments and investors, Luxembourg-based Theracule
not only captured the attention of investors but also the
2nd prize.
What the future holds
Making the effort more concrete, literally, is the set up of
the House of BioHealth, a hosting facility, due to be opened
in 2014, for companies to operate and grow from, in close
proximity to local research centres, while being connected
globally.
A website is in the midst of creation due to be launched in
autumn 2013. Meet us at the 2014 BIO International
Conference in San Diego from June 23-26, where we will
showcase what even a small country can achieve when big
opportunities are explored. Let’s build bright futures
together!
Leveraging off existent capacity
When the OECD highlighted Luxembourg’s potential in the
biomedical sector in 2006, the country shifted gears, to
speed up the exploration. With a thriving public research
landscape and the set up of the University of Luxembourg,
the stage was set to enrich industry-science relationships,
a catalytic process needed to make the sector successful.
Taking on a focused approach, three strategic partnerships
were formed with US research centres to develop centres
of expertise in molecular medicine locally. The Integrated
Biobank of Luxembourg (IBBL), in partnership, today serves
as the central point to transform research findings into tools
for the prevention, diagnosis, and treatment of diseases. The
creation of the Luxembourg Center for Systems Biomedicine
(LCSB) has spearheaded recruitment of world-class
researchers into the country while leading key projects into
debilitating diseases. Public research centre, CRP-Santé
took the lead on lung cancer research in the Partnership for
Personalized Medicine which selects and validates biomark-
ers in order to diagnose and manage diseases more effi-
ciently.
Reaping the benefits
In the spirit of collaboration that has been propagated, the
Building Bright Futures Together
Patrizia Luchetta
Director,
Directorate New Technologies & Life Sciences
Ministry of the Economy and Foreign Trade
SETTING THE STAGE FOR
NICHE-BASED
BIOMEDICINE
©LucDeflorenne
#2 – capitalV – 19Citeecar.
©Fotolia
©DR
20 – capitalV – #2
Regulatory
Pwc Luxembourg Tax Partner and
Private Equity Leader Vincent Lebrun
talks to CapitalV about how the
European tax landscape is shifting
for private equity professionals and
on the role that Luxembourg could
play over the next few years.
Bringing
Substance to
Luxembourg
management,toachievestructuralsubordinationofthedifferent
lenders, to provide security to banks (banks frequently prefer to
take security over Luxembourg companies due to legal reasons),
etc. “Being able to explain and justify the investment structuring
strategy and choices will be key going forward.”, says Mr. Lebrun.
Thewayforward
The times in which using local premises and having annual board
meetingsinLuxembourgwasanacceptabledegreeofsubstance
are long gone. Ensuring that management decisions are effecti-
vely made in Luxembourg by people with the correct set of skills
will be key going forward. Over the last few years, many private
equityhouseshaverecognisedthisneedandtheyhaveaddressed
it by mobilising more resources to Luxembourg, and by adapting
their internal organisation. Private equity firms will have to conti-
nue to work in that direction. And they should consider if more
decision takers can be mobilised to Luxembourg to further sup-
port their presence in Luxembourg.
Of course, there are challenges and costs associated with that.
AndthereismuchthatLuxembourghastodotosupportitsambi-
tion of becoming a hub for cross-border alternative funds (e.g. a
moreattractivecarriedinterestregime,abetterhousing&schoo-
ling offer, etc). But there are headwinds ahead – and good oppor-
tunitiesfortheprivateequityindustryandLuxembourgtofurther
team up together.
*Tax Partner, PwC Luxembourg
Ashiftinglandscape
Inanenvironmentofeconomicrecessionanddecreasingtaxreve-
nues,thetaxauthoritiesofmanycountriesaroundtheglobehave
become increasingly «aggressive». Private equity investment
structures, and private equity fund structures are closely scruti-
nised (and sometimes challenged) by tax authorities. The argu-
ments that tax authorities bring forward with a view to challenge
international investment structures have become more sophisti-
cated e.g. ultimate beneficial ownership, effective management
and control and, of course, lack of substance.
Having low chances of success does not necessarily stop tax
authoritieswhenchallengingstructures–overwhelmedtaxpayers
areoftenkeentostrikeadealtoavoidthe“pain”oflitigatingagainst
the tax authorities. In Mr. Lebrun’s words: “This is a dangerous
game.Therearerulesbywhichwemustallabide,eachtaxpayers
and tax authorities. Holding the ground when the tax collector is
trying to push things too far has become more important today
than ever before.”
Astrategicapproach
Sadly enough, the tax authorities of many countries seem to
ignorethepositiveimpactthatprivateequity&venturecapitalhas
on their economies. Tax authorities are also failing to recognise
that private equity investment structures are not necessarily
driven by tax optimisation purposes. There are many other rea-
sonswhyinvestmentstructuresrelyonintermediaryholdingcom-
panies e.g. legal reasons, to accommodate co-investors and/or
Vincent Lebrun,
LPEA Member*
#2 – capitalV – 21
©360Crossmedia
«Over the next few years,
private equity investors
will have to continue to
adapt to a shifting tax
landscape.»
Vincent Lebrun
22 – capitalV – #2
Life In Luxembourg
Capacity at international
schools has increased by nearly
two-thirds since the mid-2000s,
but demand still exceeds supply.
The expat
education
conundrum
2,200 in the coming years. However, English is most relevant
for attracting international business talent. The government
recognises the challenge, offering inducements such as
80% subsidies for building work by independent schools. Yet
with the private sector struggling to meet demand, some
have called for the state to act more forcefully.
No easy answers
The Athénée de Luxembourg recently began offering a sec-
ondary programme in English under the state system.
Numbers are limited, with just one class of around 25 stu-
dents in each year. The government fears expansion might
endanger the fundamental principles of the wider state sys-
tem. Although criticised by some for being excessively rigid,
supporters say Luxembourg’s schools have a strong track
record of producing well educated young adults able to speak
many languages. Boosting English-focused schooling in the
state sector would solve a short term problem, but could
undermine the multilingualism which is one of the country’s
main selling points. Schools are very good at integrating
immigrants from different social and cultural backgrounds.
Boom in international school places
The Luxembourg state offers generous subsidies to private
schools and expansion has been dramatic. For example, when
the latest extension of the International School of
Luxembourg is completed it will welcome 1,400 pupils of all
ages, double the number seen 10 years ago. However, the
school has indicated that there will be no further increases
after this, despite the prospect of continued high demand.
They cite a lack of space but they must also be concerned
that quality could suffer with excessive growth.
Demand greater than supply
Expansion at St George’s International School has also been
strong with 700 kids currently on their books. The Hamm
campus could grow but management and parents will also
want this to be controlled.
The two European Schools offer teaching through all EU lan-
guages, but European civil servants have priority. There are
few free places in the English and French sections.
The Lycée Vauban and the l’école primaire française teach
under the French national system, with capacity due to reach
#2 – capitalV – 23
©360Crossmedia
©DR
“Schools are very
good at integrating
immigrants from
different social
and cultural
backgrounds”
Event Calendar
24 – capitalV – #2
LPEA | Roadshow to
Paris
LPEA | Board Meeting
IFE Conference
“Private Equity à
Luxembourg”
EVCA Venture Capital
Forum
ACG | EuroGrowth
ALFI | European
Alternative Investment
Funds Conference
ICBI | Super Investor
September 24, 2013
October 14, 2013
October 24, 2013
November 7-8, 2013
November 12-13, 2013
November 19-20, 2013
November 19-22, 2013
Cercle de L’Union
Interalliée, Paris
Luxembourg
Novotel Kirchberg,
Luxembourg
Berlin
London
Luxembourg
Paris
www.lpea.lu
www.lpea.lu
www.ifebenelux.lu
www.evca.eu
www.acg.org/uk
www.alfi.lu
www.icbi-superinvestor.com
EVENT
CALENDAR
WHAT WHEN WHERE REGISTER
©DR
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Contact:
Nicolas Palate
E: nicolas.palate@caceis.com
T: +352 4767 2356
www.caceis.com
www.munier-bbn.com
LPEA in Brief
26 – capitalV – #2
ABOUT LPEA
EXECUTIVE COMMITTEE
TECHNICAL COMMITTEE LEADERS
T
he Luxembourg Private Equity and Venture Capital Association (LPEA)
is a member-based, non-profit trade association established in 2010.
LPEArepresents,promotesandprotectstheinterests oftheLuxembourg
private equity and venture capital industry.
LPEA’s role includes representing the interests of the industry to regulators and
standard setters; developing professional standards; providing industry research;
professional development and forums, facilitating interaction between its
members and key industry participants including institutional investors,
entrepreneurs, policymakers and academics.
LPEA’s activities cover the whole range of private equity, from venture capital
(seed, start-up and development capital), to buyouts and buyins.
LPEA is a member of the European Private Equity and Venture Capital
Association (EVCA).
Hans-
Jürgen
Schmitz
Chairman
Legal & Regulatory Committee: Séverine Michel, Cintia Martins Costa
Tax Committee: Patrick Mischo, Marianne Spanos
AIMFD Committee: Hans-Jürgen Schmitz, Paul Junck
Accounting & Valuation Committee: Benoît Cheron, Yves Courtois
Market Intelligence & Training Committee: Fiona Monsen, Axelle Ferey
Promotion Committee: Bertrand Manhe, Benjamin Lam
Alain
Kinsch
Vice-
Chairman
Antoine
Clauzel
Member
Patrick
Mischo
Member
Emanuela
Brero
Vice-
Chairman
Paul Junck
Managing
Director
Gilles
Dusemon
Member
Jérôme
Wittamer
Member
Luxembourg | Channel Islands | London | Dubai | Dublin | Hong Kong | Shanghai
Sanne Trust Company Limited is regulated by the Jersey Financial Services Commission (JFSC). Sanne Group (Guernsey) Limited is regulated by the Guernsey Financial
Services Commission. Sanne Group (Luxembourg) S.A. is regulated by the Commission de Surveillance du Secteur Financier. Sanne Group Administration Services (UK)
Limited, a company registered in England and Wales (registered number 08331425), is authorised and regulated by the Financial Conduct Authority. Sanne Corporate
Services Limited is regulated by the Financial Supervision Commission. Sanne Corporate Services (Ireland) Limited is authorised by the Department of Justice and Law
Reform. Sanne Group (Dubai) Limited is regulated by the Dubai Financial Services Authority. Sanne Group Asia Limited is licenced to conduct business in Hong Kong and
is regulated by the JFSC. Sanne Group Shanghai Financial Management & Consulting Co Limited is licenced by the State Administration of Industry and Commerce.
Specialists in
private equity
Tamara Williams
Director
tamara.williams@sannegroup.com
For more information please contact:
Nina Kleinbongartz
Director
nina.kleinbongartz@sannegroup.com
+352 27 61 62 20
www.sannegroup.com
Private equity
Debt
Infrastructure
Venture capital
Environmental
Fund administration, registrar
and corporate services to
alternative asset classes.
Members of
That’s the kind of service you need for your business to thrive. To suit your particular goals,
we work with the finest lawyers and financial experts to develop and deliver the most relevant
solutions at the crossroads of finance, tax, law and accounting. With our roots in banking and a
large international network, we have the global reach and local knowledge to help you succeed.
That’s why we’re still a leading player in Trust and Corporate Services, after more than 60 years.
Intertrust Group has completed the acquisiton of ATC Group, including ATC’s Capital Markets. As
a combined group, Intertrust now operates from 33 offices in 24 countries and provides high
quality trust and corporate services to multinational corporations, financial institutions, alternative
investment funds and entrepreneurs from every corner of the world.
You will benefit from our combined experience in regulated and unregulated
Private Equity structures.
www.intertrustgroup.com
www.atcgroup.com
Trustworthy, reliable
and proactive
Intertrust is a member of LPEA and ALFI in Luxembourg.

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Capital V #2 Akuo Investment Management a holistic view on business

  • 1. V#2 capitalThe magazine of the Luxembourg Private Equity & Venture Capital Association Akuo Investment Management a holistic view on business
  • 2. 69, bd. de la Pétrusse L-2320 Luxembourg T.: 352 40 49 601 www.wildgen.lu | lawyers@wildgen.lu SINCE 1923 WILDGEN, PARTNERS IN LAW, HAS BEEN AT THE HEART OF LAW PRACTICE IN LUXEMBOURG. Needing expert legal advice on Private Equity and Venture Capital in Luxembourg? WILDGEN ASSISTS YOU. BANKING & FINANCE | COMMERCIAL & LITIGATION | CORPORATE INVESTMENT FUNDS | IP-TMT | LABOUR | PUBLIC | TAX “A FIRM YOU CAN RELY ON.”
  • 3. #2 – capitalV – 3 Content The magazine of LPEA
 Editorial: Stéphane Boudon, Uli Grabenwarter, Paul Junck, Julien Kinic, Vincent Lebrun, Patrizia Luchetta, Jean-Pascal Nepper, Hans-Jürgen Schmitz, Jérôme Wittamer, 360Crossmedia Conception & coordination: 360Crossmedia Artistic Director: Tom Norest Cover photo: © Akuo Print run: 1000 copies capitalV Disclaimer : To the fullest extent permissible under applicable law, LPEA does not accept any responsibility or liability of any kind, with respect to the accuracy or completeness of the information and data from this documentation. The information and data provided in this documentation are for general information purposes. It is not investment advice nor can it take account of your own particular circumstances. If you require any advice, you should contact a financial or other professional adviser. No material in this documentation is an offer or solicitation to buy or sell any professional services, financial products or investments. 5. Editorial Welcome to capitalV 6. Regulatory AIFMD remuneration: Exceptions make the rule 8. Personal Story A stable base for investing in a frantic world 10. Cover story Akuo Investment Management [AIM], A holistic view on business 14. Deal Story SecureIT: How Luxembourg got on the data centre map 16. Interview EIF Social Impact Accelerator Fund 18. Building Bright Futures Together Setting the stage for niche-based biomedicine 20. Regulatory Bringing Substance to Luxembourg 22. Life In Luxembourg The expat education conundrum 24. Event Calendar What, When, Where
  • 4. ING Luxembourg, Société Anonyme – 52, route d’Esch L-2965 Luxembourg – R.C.S. Luxembourg B.6041 ING.LU Private Equity professionals have exclusive banking needs which require speed, reliability and expertise. That’s why, at ING Luxembourg, we have a team of specialists dedicated to them… Contact our Professional Intermediaries team at +352 44 99 27 30 or at psf@ing.lu
  • 5. #2 – capitalV – 5 Dear Private Equity professionals, T he second issue of Luxembourg Private Equity & Venture Capital Association’s (“LPEA”) proprietary publication, “Capital V” is a reality. Similarly to our inaugural edition, this one aims to provide you with a comprehensive overview of the Luxembourg private equity and venture capital market. It goes beyond the technical, tax, legal and regulatory overview to offer you a flavor of Luxembourg’s life and culture. It focuses on an industry niche, and it once again profiles recent local market developments. Our hope is that this magazine will pique your interest in the Luxembourg private equity and venture capital space, and urge you to consider it as a viable alternative for your future organizations’ developments. LPEA stands ready to welcome, guide and support you. Kindest regards Paul Junck, Managing Director Hans-Jürgen Schmitz, Chairman Luxembourg Private Equity & Venture Capital Association Editorial
  • 6. After making its way onto the private equity industry’s radar over the past year, the AIFM Directive has now become the latest hot topic for PE fund managers. While industry players will be grappling with many issues arising from the new regulation, it is remuneration that has taken centre stage as one of the most controversial - and perplexing - aspects of the directive. 6 – capitalV – #2 Taking in the big picture Remuneration rules will obviously have a significant impact on both an organisational and individual level. The Directive aims to avoid conflicts of interest as well as excessive risk- taking. So, in addition to identifying individuals affected, PE managers have to disclose remuneration in their funds’ annual accounts and conduct an annual review of policies, representing a sizeable shift in the way the industry operates. Regulatory The structure and timing of pay are also affected by new rules. For structure, this means a balance between fixed and variable remuneration for certain PE managers and a mini- mum of 50% of remuneration paid in shares or units. For timing, the Directive foresees a deferral of between 40 and 60% of variable remuneration by at least three years and preferably five, in addition to malus, clawback and other rela- ted provisions depending on the profile. Jean-Pascal Nepper, LPEA Member* AIFMD remuneration: exceptions make the rule
  • 7. #2 – capitalV – 7 Exceptions make the rule A certain number of PE houses, however, may in fact find that they do not need to adhere to all the above rules. Included in the Directive is a principle of proportionality, wherein fund managers who fulfil criteria based on size, internal organisation and scope of activities can disapply rules on deferral and variable remuneration among others. Some fund managers using carried interests might also, under certain conditions, disregard deferral and variable pay. On carried interest, the burning question for many is whether it is covered at all. The answer is affirmative and PE players will have to spend time considering how the Directive applies to their schemes to ensure they comply. In or out: which profiles are affected and how? A first step will be to assess which individuals are caught up in the new rules: the so-called identified staff. Remuneration rules apply to a wide range of roles and even to delegates in cases where the portfolio management function is outsour- ced. Executive and non-executive directors, senior manage- ment, risk takers and control functions are all impacted, as well as any other employees with pay equivalent to or above that of senior managers’ and who have a material impact on the AIF’s or AIFM’s risk profile. In small PE houses, this means that practically everyone is implicated, so the time is now ripe to begin the review and get a head start on remuneration. ©KPMG “the time is now ripe to begin the review and get a head start on remuneration” Jean-Pascal Nepper * Partner, KPMG Luxembourg
  • 8. 8 – capitalV – #2 Personal Story Julien Kinic, managing director of IDI Emerging Markets, says Luxembourg’s appeal to private equity firms includes its quality of life, but also the authorities’ ability to keep one step ahead of the competition. A stable basefor investing in a frantic world the pricing as we already knew the portfolio and trusted each other. An example of direct investment comes from Sub-Saharan Africa and the trend for telecom operators to sell their mobile phone masts to specialist firms. We invested in IHS Telecom, a fast-growing portfolio company managing over 8,250 tow- ers in Nigeria, Cameroon and Côte d’Ivoire. Why did you set up your GP entity in Luxembourg? The business was launched in 2004 by IDI Group, a French private equity house, and has been moved to Luxembourg in June 2008 as an independent entity, to benefit from a trans- parent and efficient structure for investing in emerging coun- tries. Our key people live in the Grand Duchy – with all their families – providing an assurance of stability for our investors. Since we are traveling all the time, Luxembourg provides a welcome respite from the frantic world. I personally live close enough to cycle to the office, with the airport only 15 minutes away. Ourofficesintheheartofthecityarerelaxedandquiet,letting us focus completely on our work. Recently, we decided to launch our third investment vehicle as a Luxembourg SIF. We are here for the long-run, and always value the ability of officials to run the country as a well-man- aged company and stay one step ahead of the competition in the fund industry. How and where does IDI Emerging Markets invest? We are an investment firm that focuses on private equity in emergingcountries,with49investmentssofarin China,India, Latin America, South-East Asia, Africa and the Middle-East through three different approaches. Ourhistoricalmodel–stillaccountingfor50%ofourbusiness – involves investing through local PE firms. We also acquire portfolios of emerging market investments through second- ary transactions, and make direct investments in companies. What kind of investments do you make? In all our investments, we target equity investments in fast- growing SMEs. An example of a primary fund investment is Peepul Capital in India. The firm is run by two charismatic part- ners from Chennai who are very passionate about the com- panies they invest in, and with whom we have been working since 2006. Through Peepul we invested for example in MedPlus, a Hyderabad-based pharmacy and pathology lab chain providing India’s middle-class professional medical advice in-store. We managed a return of close to four times the investment in this chain, which is growing at a rapid pace. As another illustration, we conducted a secondary transac- tion involving China Renaissance, a Chinese investment fund with which we have been in contact regularly since 2008. When one existing limited partner needed liquidity for its share in the fund, we were able to move quickly and optimize Interview: Julien Kinic, IDI Emerging Markets
  • 9. #2 – capitalV – 9 ©DR «We like people who fill a gap» Julien Kinic
  • 10. 10 – capitalV – #2 Cover Story
  • 11. #2 – capitalV – 11 Akuo Investment Management [AIM], a holistic view on business ©AkuoAIM
  • 12. Cover Story 12 – capitalV – #2 ©360Crossmedia/C.O. nium and 100 kg of essential oil of citronella. Essential oils are sold to European cosmetic companies, as well as to Origin Biomed in Canada using it in drugs for diabetes. Close to Pierrefonds, at Le Syndicat with a power plant similar in size and technology, bio-melons and bio-watermelons are produced for local consumption. Farmershaveaccesstoaproductionenvironmentenablingabet- ter control of local conditions, namely controlling the conse- quencesofheavyrainsandexposuretocyclones,aswellasusing less or no pesticides. SimilarexperimentshavegonethroughinCorsica,withanempha- sis on either sheep breeding, or beekeeping. It is known that all beepopulationssufferfrompesticides,andourinstallationsfree of them contribute to the production of honey in the best condi- tions. AssetManagement&ProductStructuringat AIM Inshort,AIMmanagesprivateequityfundsandhaschosentobe regulated by the Luxembourg market authority, the most advanced jurisdiction for alternative investments, and is building diversifiedportfoliosofrealassets.Theteamlocatesinfrastruc- tureassetstypicallycharacterizedbythelow-risk,regularreturns of debt securities and the attractive capital appreciation of pure equity investments. In addition, AIM structures dedicated financial products backed bylong-termcashflowsofrenewableenergyinvestments,ensur- ing stable distributions to investors with fixed annual coupons; andoffersinstitutionalclients,clean-techcompaniesandgovern- mentagenciesunmatchedinsightandopportunitiesintherenew- able energy sector. The recent economic collapse in some western countries and growing resentment towards shortsighted, business-as-usual practices on Wall Street has caused increased global disillusion- menttowardthefinancialindustryanditsinvestingculturewhich is focused on short-term profit. There has been since a movement in the last few years towards a model of investing that takes into account not only financial returns,butalsoenvironmental,social,andethicalconsiderations. Businessschoolswhereallstartsthinknowaboutreviewingtheir curricula, infusing a holistic view of business, where maximizing shareholder value is not the only single objective anymore. Casestudies AIM was established in Luxembourg in 2008 and it finances the development and construction of renewable energy infrastruc- ture projects worldwide. It invests to build photovoltaic solar farms,windfarms,biomassplants,andhydro-generatedelectric- ity power plants. The team has a proven track record in carrying through clean energy initiatives that generate stable, long-term returns for investors and real social value for local communities. AIMoftenstates“wemakemoneyandwereallyliketomakeareal difference”. Its“agrinergie”program,forexample,synergizessolarpowerpro- duction and the land’s original agricultural output by switching to higher-value crops that take advantage of greenhouses and the shadowing created by ground-mounted panels. The company helpsfarmersgrowandatthesametimeproduceelectricenergy in a sustainable way. Asanexample,inPierrefondsattheRéunionIslandlocatedclose to Madagascar, AIM installed a PV solar plant producing around 3200MWhofgreenelectricityand80kgofessentialoilofgera- Stéphane Boudon, CEO Akuo Investment Management
  • 13. #2 – capitalV – 13 “AKUO helps farmer grow and at the same time produces electric energy in a sustainable way” Stéphane Boudon ©AkuoAIM©AkuoAIM ©AkuoAIM
  • 14. Jérôme Wittamer, Head of Investment Management at Genii Capital, recounts how the investment firm’s involvement with data centre firm SecureIT eventually turned a 51-fold profit – and how its history is intertwined with that of a small start-up called Skype. 14 – capitalV – #2 SecureIT How Luxembourg got on the data centre map Deal Story What is the origin of SecureIT? Wittamer:SecureITwascreatedinDecember2003byEricLux from a small data centre operation in a building acquired by the group’s real estate arm. Eric, Genii Capital’s founder and CEO, talked with various parties and finally agreed that Gary Kneip shouldrunthebusiness.Followingtheprivateequitypreceptof promoting entrepreneurship and profit-sharing, Kneip took a stakeinSecureIT,whichhedevelopedinpartnershipwithclients such as IBM and HP, and soon with a small Luxembourg-based start-up called Skype that then accounted for a minimal share of its business. How did the business expand? Wittamer: Over the years, SecureIT re-invested all of its cash flows (and more) into hi-tech equipment to evolve from Tier I to TierIIservices,thensecuredadditionalspacefromstate-owned LuxConnect to offer Tier III and IV services to customers such asSkype.Growthcontinuedunabated(35-40%p.a.)duringthe whole 2004-2012 period, with turnover approching nearly €10mlastyear.InJanuary2012,GeniiCapitalbeganmarketing thecompanytointernationaldatacentreoperators,resultingin thesaleofthecompany(rebrandedData4LuxembourginJune) and generating a 51x return on investment for Genii Capital. What were the most important challenges of SecureIT’s development? Wittamer: The first challenge was to establish a data centre solution that would meet and sometimes exceed its clients’ requirements at the best possible price. Bear in mind that in 2004, connectivity and datacentre infrastructure in Luxembourg was limited – we had to foster co-operation between industry players, politicians and investors to make Interview: Jérôme Wittamer, Genii Capital
  • 15. #2 – capitalV – 15 «Secure IT has been a highly successful transaction for Genii Capital» Jérôme Wittamer ©360Crossmedia thingsmoveandhelpputLuxConnectandLU-CIXontheirfeet. TodaytheseeffortshavepaidoutasLuxembourg’sdatacentre infrastructure is second to none in Europe. The second chal- lengewaschangingourbusinessmodelfollowingLuxConnect’s arrival.Insellingthecompany,themainchallengewasposition- ing the business in light of the specific characteristics of the Luxembourg market. The biggest international players, who mostly operate their own infrastructures, are not yet in Luxembourg; the significant market presence of state-owned infrastructure providers thus made things a bit more compli- cated. Most prospective buyers couldn’t understand the Luxembourg model. How can Luxembourg expand in the data cen- tre industry? Wittamer:Luxembourgwillundoubtedlyplayanincreasingrole in the industry, but in the longer term, the role of the state and LuxConnect will need to be addressed. Nothing would have beenpossiblewithoutthem,realestatepricesandrareaccess to substantial electric grid connections are a strong impedi- ment for foreign investors, but soon the sector will need to attract international leaders to generate new dynamics and attract a new clientele. Publicly-owned infrastructure and the costoflandhaveandwillcontinuetodissuadebigplayersfrom setting up in Luxembourg; many of their international clients already choose other destinations because their providers have no Luxembourg presence. If looking at the coverage map ofindustryleaderssuchasInterxionorEquinixisanyindication, Luxembourgstillneedstomakeprogressinsomeareas.Losing the formidable opportunity the cloud has to offer would be a shame as Luxembourg understands the stakes and has a lot to offer.
  • 16. Uli Grabenwarter, who heads the European Investment Fund’s impact investment initiative, says the Social Impact Accelerator fund is designed to kick-start this new approach to investment, then let the private sector pick up the reins. 16 – capitalV – #2 EIF Social Impact Accelerator Fund What exactly is impact investing? An impact investment expressly incorporates a social and/or environmental purpose as an integral part of the investment decision. This approach is better known in the US, where people like Jeff Skoll and eBay founder Pierre Omidyar have raised its profile. Several studies, including JPMorgan’s, project that impact investing may account for a thousand billion dollars by the end of the decade, but that may be taking an overly broad view of what it consists of. Right now everyone wants to be Interview associated with impact investing because it is sexy, but bear in mind that in 2004, the same thing was happening with «cleantech». As we know, that didn’t turn out the way people imagined. So you are wary when G8 summits discuss impact investing? It is great if impact investing attracts the attention as being one possible way to solving certain societal issues at scale, but there is a long way to go. The important thing is that we Uli Grabenwarter
  • 17. «Our goal is eventually to make our own involvement redundant» Uli Grabenwarter #2 – capitalV – 17 don’t lose sight of the substance of social impact that is pur- sued. Right now impact investing is simply a response to the desire of investors to place their money in socially and envi- ronmentally responsible products. They are seeking a double validation of their investment, a financial return and an envi- ronmental or social one. Visible success stories help attracting the spotlight, like an entrepreneur who bought a ski resort near Oslo and demo- cratised it by adapting prices to the social background of each customer. This turned out to be a strong marketing tool and led to the establishment of innovative social partnerships with leading brands. Turnover quadrupled, creating a business that is pro- fitable, sustainable and environmentally certified and demonstrates powerful impact in social inclusion and envi- ronmental education for disadvantaged communities. WhatroledoyouseefortheSocialImpact Accelerator fund? Our role is as a pioneer. Our goal is to nurture the emergence of an infrastructure of funds capable of demonstrating that social impactcanbecomeanewandsuccessfulassetclassinitsown right. In May, we launched the Social Impact Accelerator, a pan- European fund of funds structured as a public-private partner- ship.TheEuropeanInvestmentBankhastakenthelargestshare ofthe€60minitialcapital,butDeutscheAssetManagementin London and French Crédit Coopératif are also investors, and other likely private sector participants are in the due diligence phase. Our aim is to have all the capital invested in around six impact investment funds within six to nine months. After that, wehopethatEuropeanCommissionwilladdmomentumtowhat we have kick-started and endorse our approach of catalysing private sector activity for this nascent market segment. ©360Crossmedia
  • 18. Leveraging off current excellent life sciences research, the Luxembourg government is ramping up efforts to make the sector economically successful while burgeoning research and innovation. 18 – capitalV – #2 Luxembourg Personalised Medicine Consortium was born in 2010 to amalgamate key stakeholders to concentrate efforts into priority personalised medicine areas. International collaborations expanding into industry con- tinue to form and thrive under the same spirit. And the efforts are paying off. At Luxembourg’s recent Venture Lounge, an exclusive event – supported by LPEA - that brought together companies looking for strategic investments and investors, Luxembourg-based Theracule not only captured the attention of investors but also the 2nd prize. What the future holds Making the effort more concrete, literally, is the set up of the House of BioHealth, a hosting facility, due to be opened in 2014, for companies to operate and grow from, in close proximity to local research centres, while being connected globally. A website is in the midst of creation due to be launched in autumn 2013. Meet us at the 2014 BIO International Conference in San Diego from June 23-26, where we will showcase what even a small country can achieve when big opportunities are explored. Let’s build bright futures together! Leveraging off existent capacity When the OECD highlighted Luxembourg’s potential in the biomedical sector in 2006, the country shifted gears, to speed up the exploration. With a thriving public research landscape and the set up of the University of Luxembourg, the stage was set to enrich industry-science relationships, a catalytic process needed to make the sector successful. Taking on a focused approach, three strategic partnerships were formed with US research centres to develop centres of expertise in molecular medicine locally. The Integrated Biobank of Luxembourg (IBBL), in partnership, today serves as the central point to transform research findings into tools for the prevention, diagnosis, and treatment of diseases. The creation of the Luxembourg Center for Systems Biomedicine (LCSB) has spearheaded recruitment of world-class researchers into the country while leading key projects into debilitating diseases. Public research centre, CRP-Santé took the lead on lung cancer research in the Partnership for Personalized Medicine which selects and validates biomark- ers in order to diagnose and manage diseases more effi- ciently. Reaping the benefits In the spirit of collaboration that has been propagated, the Building Bright Futures Together Patrizia Luchetta Director, Directorate New Technologies & Life Sciences Ministry of the Economy and Foreign Trade SETTING THE STAGE FOR NICHE-BASED BIOMEDICINE ©LucDeflorenne
  • 19. #2 – capitalV – 19Citeecar. ©Fotolia ©DR
  • 20. 20 – capitalV – #2 Regulatory Pwc Luxembourg Tax Partner and Private Equity Leader Vincent Lebrun talks to CapitalV about how the European tax landscape is shifting for private equity professionals and on the role that Luxembourg could play over the next few years. Bringing Substance to Luxembourg management,toachievestructuralsubordinationofthedifferent lenders, to provide security to banks (banks frequently prefer to take security over Luxembourg companies due to legal reasons), etc. “Being able to explain and justify the investment structuring strategy and choices will be key going forward.”, says Mr. Lebrun. Thewayforward The times in which using local premises and having annual board meetingsinLuxembourgwasanacceptabledegreeofsubstance are long gone. Ensuring that management decisions are effecti- vely made in Luxembourg by people with the correct set of skills will be key going forward. Over the last few years, many private equityhouseshaverecognisedthisneedandtheyhaveaddressed it by mobilising more resources to Luxembourg, and by adapting their internal organisation. Private equity firms will have to conti- nue to work in that direction. And they should consider if more decision takers can be mobilised to Luxembourg to further sup- port their presence in Luxembourg. Of course, there are challenges and costs associated with that. AndthereismuchthatLuxembourghastodotosupportitsambi- tion of becoming a hub for cross-border alternative funds (e.g. a moreattractivecarriedinterestregime,abetterhousing&schoo- ling offer, etc). But there are headwinds ahead – and good oppor- tunitiesfortheprivateequityindustryandLuxembourgtofurther team up together. *Tax Partner, PwC Luxembourg Ashiftinglandscape Inanenvironmentofeconomicrecessionanddecreasingtaxreve- nues,thetaxauthoritiesofmanycountriesaroundtheglobehave become increasingly «aggressive». Private equity investment structures, and private equity fund structures are closely scruti- nised (and sometimes challenged) by tax authorities. The argu- ments that tax authorities bring forward with a view to challenge international investment structures have become more sophisti- cated e.g. ultimate beneficial ownership, effective management and control and, of course, lack of substance. Having low chances of success does not necessarily stop tax authoritieswhenchallengingstructures–overwhelmedtaxpayers areoftenkeentostrikeadealtoavoidthe“pain”oflitigatingagainst the tax authorities. In Mr. Lebrun’s words: “This is a dangerous game.Therearerulesbywhichwemustallabide,eachtaxpayers and tax authorities. Holding the ground when the tax collector is trying to push things too far has become more important today than ever before.” Astrategicapproach Sadly enough, the tax authorities of many countries seem to ignorethepositiveimpactthatprivateequity&venturecapitalhas on their economies. Tax authorities are also failing to recognise that private equity investment structures are not necessarily driven by tax optimisation purposes. There are many other rea- sonswhyinvestmentstructuresrelyonintermediaryholdingcom- panies e.g. legal reasons, to accommodate co-investors and/or Vincent Lebrun, LPEA Member*
  • 21. #2 – capitalV – 21 ©360Crossmedia «Over the next few years, private equity investors will have to continue to adapt to a shifting tax landscape.» Vincent Lebrun
  • 22. 22 – capitalV – #2 Life In Luxembourg Capacity at international schools has increased by nearly two-thirds since the mid-2000s, but demand still exceeds supply. The expat education conundrum 2,200 in the coming years. However, English is most relevant for attracting international business talent. The government recognises the challenge, offering inducements such as 80% subsidies for building work by independent schools. Yet with the private sector struggling to meet demand, some have called for the state to act more forcefully. No easy answers The Athénée de Luxembourg recently began offering a sec- ondary programme in English under the state system. Numbers are limited, with just one class of around 25 stu- dents in each year. The government fears expansion might endanger the fundamental principles of the wider state sys- tem. Although criticised by some for being excessively rigid, supporters say Luxembourg’s schools have a strong track record of producing well educated young adults able to speak many languages. Boosting English-focused schooling in the state sector would solve a short term problem, but could undermine the multilingualism which is one of the country’s main selling points. Schools are very good at integrating immigrants from different social and cultural backgrounds. Boom in international school places The Luxembourg state offers generous subsidies to private schools and expansion has been dramatic. For example, when the latest extension of the International School of Luxembourg is completed it will welcome 1,400 pupils of all ages, double the number seen 10 years ago. However, the school has indicated that there will be no further increases after this, despite the prospect of continued high demand. They cite a lack of space but they must also be concerned that quality could suffer with excessive growth. Demand greater than supply Expansion at St George’s International School has also been strong with 700 kids currently on their books. The Hamm campus could grow but management and parents will also want this to be controlled. The two European Schools offer teaching through all EU lan- guages, but European civil servants have priority. There are few free places in the English and French sections. The Lycée Vauban and the l’école primaire française teach under the French national system, with capacity due to reach
  • 23. #2 – capitalV – 23 ©360Crossmedia ©DR “Schools are very good at integrating immigrants from different social and cultural backgrounds”
  • 24. Event Calendar 24 – capitalV – #2 LPEA | Roadshow to Paris LPEA | Board Meeting IFE Conference “Private Equity à Luxembourg” EVCA Venture Capital Forum ACG | EuroGrowth ALFI | European Alternative Investment Funds Conference ICBI | Super Investor September 24, 2013 October 14, 2013 October 24, 2013 November 7-8, 2013 November 12-13, 2013 November 19-20, 2013 November 19-22, 2013 Cercle de L’Union Interalliée, Paris Luxembourg Novotel Kirchberg, Luxembourg Berlin London Luxembourg Paris www.lpea.lu www.lpea.lu www.ifebenelux.lu www.evca.eu www.acg.org/uk www.alfi.lu www.icbi-superinvestor.com EVENT CALENDAR WHAT WHEN WHERE REGISTER ©DR
  • 25. A global player in asset servicing... Offering leading value in investor services demands constant evolution. At CACEIS, our strategy of sustained growth is helping customers meet competitive challenges on a global scale. Find out how our highly adapted investor services can keep you a leap ahead. CACEIS, your comprehensive asset servicing partner. ... and climbing. Contact: Nicolas Palate E: nicolas.palate@caceis.com T: +352 4767 2356 www.caceis.com www.munier-bbn.com
  • 26. LPEA in Brief 26 – capitalV – #2 ABOUT LPEA EXECUTIVE COMMITTEE TECHNICAL COMMITTEE LEADERS T he Luxembourg Private Equity and Venture Capital Association (LPEA) is a member-based, non-profit trade association established in 2010. LPEArepresents,promotesandprotectstheinterests oftheLuxembourg private equity and venture capital industry. LPEA’s role includes representing the interests of the industry to regulators and standard setters; developing professional standards; providing industry research; professional development and forums, facilitating interaction between its members and key industry participants including institutional investors, entrepreneurs, policymakers and academics. LPEA’s activities cover the whole range of private equity, from venture capital (seed, start-up and development capital), to buyouts and buyins. LPEA is a member of the European Private Equity and Venture Capital Association (EVCA). Hans- Jürgen Schmitz Chairman Legal & Regulatory Committee: Séverine Michel, Cintia Martins Costa Tax Committee: Patrick Mischo, Marianne Spanos AIMFD Committee: Hans-Jürgen Schmitz, Paul Junck Accounting & Valuation Committee: Benoît Cheron, Yves Courtois Market Intelligence & Training Committee: Fiona Monsen, Axelle Ferey Promotion Committee: Bertrand Manhe, Benjamin Lam Alain Kinsch Vice- Chairman Antoine Clauzel Member Patrick Mischo Member Emanuela Brero Vice- Chairman Paul Junck Managing Director Gilles Dusemon Member Jérôme Wittamer Member
  • 27. Luxembourg | Channel Islands | London | Dubai | Dublin | Hong Kong | Shanghai Sanne Trust Company Limited is regulated by the Jersey Financial Services Commission (JFSC). Sanne Group (Guernsey) Limited is regulated by the Guernsey Financial Services Commission. Sanne Group (Luxembourg) S.A. is regulated by the Commission de Surveillance du Secteur Financier. Sanne Group Administration Services (UK) Limited, a company registered in England and Wales (registered number 08331425), is authorised and regulated by the Financial Conduct Authority. Sanne Corporate Services Limited is regulated by the Financial Supervision Commission. Sanne Corporate Services (Ireland) Limited is authorised by the Department of Justice and Law Reform. Sanne Group (Dubai) Limited is regulated by the Dubai Financial Services Authority. Sanne Group Asia Limited is licenced to conduct business in Hong Kong and is regulated by the JFSC. Sanne Group Shanghai Financial Management & Consulting Co Limited is licenced by the State Administration of Industry and Commerce. Specialists in private equity Tamara Williams Director tamara.williams@sannegroup.com For more information please contact: Nina Kleinbongartz Director nina.kleinbongartz@sannegroup.com +352 27 61 62 20 www.sannegroup.com Private equity Debt Infrastructure Venture capital Environmental Fund administration, registrar and corporate services to alternative asset classes. Members of
  • 28. That’s the kind of service you need for your business to thrive. To suit your particular goals, we work with the finest lawyers and financial experts to develop and deliver the most relevant solutions at the crossroads of finance, tax, law and accounting. With our roots in banking and a large international network, we have the global reach and local knowledge to help you succeed. That’s why we’re still a leading player in Trust and Corporate Services, after more than 60 years. Intertrust Group has completed the acquisiton of ATC Group, including ATC’s Capital Markets. As a combined group, Intertrust now operates from 33 offices in 24 countries and provides high quality trust and corporate services to multinational corporations, financial institutions, alternative investment funds and entrepreneurs from every corner of the world. You will benefit from our combined experience in regulated and unregulated Private Equity structures. www.intertrustgroup.com www.atcgroup.com Trustworthy, reliable and proactive Intertrust is a member of LPEA and ALFI in Luxembourg.