CMS advises Avellinia Capital (AvCap) and re:cap on the launch of new ELTIF and structured finance platform
CMS Luxembourg has assisted Avellinia Capital (AvCap), a private credit investment manager, specialising in secured, tailor-made, and flexible asset-based financing solutions for startups and growth companies within the innovation economy and the Berlin-based fintech company, re:cap (behind the Capital Operating System Capital OS), to set up an investment platform with a view to invest in SMEs across Europe.
In this transaction, HSBC Innovation Bank Limited and Avcap SICAV RAIF Compartment re:cap ELTIF, will provide over EUR 100,000,000 in financing to support innovative SMEs across Europe. The investment strengthens Avcap’s and re:cap’s ability to drive growth in the innovation economy and highlights the expanding role of cross-border financing solutions tailored to the needs of high-growth companies. By combining flexible, asset-based financing with local market expertise, the deal underscores the strategic collaboration between leading investment managers and lenders to fuel the next wave of European innovation.
CMS Luxembourg acted as lead counsel, providing full legal support across all aspects of the transaction documentation. The cross-practice team was made up of Aurélien Hollard (Partner), José Ocaña (Counsel), Aurélia Budzik (Counsel) and Stamatina Stylianopoulou (Associate). The team was further supported by Vivian Walry (Partner), Zornitsa Dimitrova (Of Counsel), Charlotte Demeuldre (Counsel) and Suzanne Chibane (Managing Associate) who advised on the financing aspects, Aurélia Viémont and Mélanie Poirrier who provided support on regulatory aspects, Milan Dans (Senior Associate) who provided advice on IP and data protection-related matters, while tax-related aspects were overseen by Frédéric Feyten (Partner), Alejandro Dominguez (Partner), Pierre George (Senior Associate), Vicente Chapa (Managing Associate), and Johen Djied (Associate). Assistance on the English law governed senior financing has been led by Fiona Henderson (Partner – Banking) and Laura Collins (Senior Associate – Finance Team) from CMS UK, while additional support was provided by colleagues from CMS Germany and CMS Netherlands, ensuring seamless cross-border collaboration.
For more information on this transaction, please click here.
