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Presentation Areas of expertise
FIDAL has developed considerable expertise in the following fields :


Real estate transactions
- Organizing or responding to invitations for bids, organizing the data room,
- Legal, tax and real estate due-diligence,
- Acquisitions and disposals of real estate assets /companies
- Drafting, negotiating and finalizing share purchase agreements and warranties agreements,
- Drafting and negotiating real estate acquisition and management agreements (preliminary sale agreements, promises to sell or purchase, final authentic deed of sale, ancillary documents etc.) alongside the client’s public notary,
- Drafting and negotiating commercial leases, real estate leasing agreements and long-term leases,
- Legal and tax advices on real estate complex structuring, in particular creation of structures and partnerships in France meeting clients’ requirements for their operations
- Outsourcing of real estate assets (sale of assets or companies to French REITs and OPCI, carve out of real estate assets to a special purpose vehicle)
- Specialized legal monitoring services and operational assistance in order to prevent and manage environmental risk
- Real estate appraisals


Tax advice and assistance to real estate transactions
- Advise in complex tax structuring meeting the specific profile of each investor (in particular in joint venture) and requirements of cash repatriation (choice of the fund’s location and legal form, ruling requests, etc.)
- Modelisation of key tax parameters in investors business plans from the initial acquisition to the exit from the investment
- Assistance and advice thorough the due diligence and/or vendor due diligence process (preparation of the data room, DD or VDD report, negotiation of the tax clauses of transaction and financing documentations, closing and post-closing assistance, etc.)
- Specific assistance to French and foreign REITs (French “SIIC”) and Undertakings for collective investment (French “OPCI” and other FIA) (preparing new players for the entry into the regime on the French market including pre restructuring operations, portfolio arbitrage transactions, ruling requests, etc.)
- Advice to institutional and private equity real estate fund managers in complex tax optimization to satisfy returns that investors have come to expect
- Advice to non real estate players in the management of their real estate assets and outsourcing operations.
- Advise to builders and developers operating in housing, office, hotel and hospitality sectors
- Advise to real estate transactions of public and semi public entities


Real estate financing
- Drafting, negotiating and finalizing all types of financing documentation (simple or structured),
- Setting up real estate security interests and guarantees for real estate financing transactions,
- Structuring the financing and tax optimisation for the acquisition/restructuring of real estate portfolios,
- Audit and assistance when acquiring, assigning and managing receivable portfolios


Public – Private Partnerships PPPs
- Defining the contractual organization and the legal and financial structure of the project (contractual framework, organization of bonds and guarantees, etc.)
- Assistance in entering into and overseeing performance of contracts (public works and service delegations, long-term administrative and hospital leases, temporary occupancy permits, occupancy agreements, off-plan sales, works concessions, development concessions, rentals with purchase options, administrative off-plan sales, public domain occupancy agreements, etc.)
- Pre-litigation and litigation regarding contracts
- Drafting, reviewing, commenting on and participating in the negotiation of financing agreements and associated bonds and guarantees
- Assignments of receivables: deed of acceptance, tripartite agreement, direct agreement, autonomous agreement
- Review of project bankability: analysis of residual risks and of the application of the transparency principle 
- Validation of the tax assumptions of the model, drafting of a tax assumptions manual and issuance of tax certificates
- Tax advice (tax due diligence reviews and negotiation of tax clauses)


Town and country planning

- Advice on structuring complex transactions and optimizing operational procedures
- Audits of construction or development permit applications prior to filing
- Advisory and litigation assistance relating to CDAC (i.e., commercial development planning committee) authorizations
- Due diligence reviews prior to the acquisition of companies or buildings (audits of CDAC authorizations and construction permits, etc.)
- Litigation relating to town planning authorizations (administrative, civil and criminal litigation relating to town planning)
- Advisory and litigation assistance relating to town planning documents (modification of local zoning rules, territorial coherence plans, etc.)
- Assistance in the areas of preemption and expropriation



Construction and Development
- Drafting of contracts relating to construction and improvement operations
Organization and monitoring of construction and renovation projects for Project Owners
- Court and arbitration litigation
- Initiating and monitoring  court-ordered appraisals, including in preventive summary proceedings
- Managing contractor claims
- Pre-acquisition due diligence reviews in the areas of construction, construction insurance and litigation
- Managing compliance issues relating to fire safety and accessibility
- Insurance
- Assistance from the feasibility study phase to the operational phase of development projects (memorandum of understanding with owners and occupants, promise to sell or purchase, special agreements related to contaminated sites, etc.)


Property valuation
- Appraisals of all kinds, e.g. market value, rental value, use value, leasehold value and land recovery value.
- Types of properties: investment properties for commercial use, residential buildings, private houses and mansions, hotels and holiday complexes, other “single use” premises and land for construction.
- Appraisals performed in the context of:
   - a settlement (purchase, disposal either for consideration or free of charge), for tax purposes
   - an analysis of potential rent revaluations
litigation, expropriations, evictions or pre-emption.


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