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Agostino Papa

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About

Agostino Papa is a financial services and investment funds lawyer, with over 20 years' experience advising asset managers, banks, insurance companies, investment firms, payment institutions and other domestic and international regulated intermediaries in the regulatory, structuring, compliance and AML areas. 

Agostino is qualified under Italian law and enrolled to the Rome Bar, has a Ph.D. on Project Finance Economy and Techniques and serves as Head of the Italian IMF and Fin Serv group, Head of the Italian RE Sector and Coordinator of all the Sectors of the Firm in Italy, so he looks at the regulatory matters under a compliance perspective taking into account transactional, tax and structuring issues, working together closely with other colleagues in the Firm.

Agostino has a consolidated experience in assisting regulated entities with regards to the rules and regulations applicable to subjects, sectors, products and customer relations. He has a significant knowledge of European regulatory framework and transposition/implementation in Member States.
Agostino provides assistance and offers innovative solutions in the structuring and execution of transactions with investment funds and FoFs for public and private assets, in the RE, private equity and infrastructure areas. He assists both in the asset managers' side and investors' side domestic and international clients, as well as public and government owned entities in the structuring and deployment of their investment strategies.

He has specific experience in organizational and procedural requirements for financial and regulated entities.
He also assists such intermediaries and their representatives in judicial and administrative proceedings promoted by the Supervisory Authorities with regards to administrative sanctions. 

EXPERIENCE

  • Assisted a primary Italian asset manager in relation to the structuring and establishment of a reserved closed-ended infrastructural investment fund, focused on investments in infrastructures that generate growth in the economy, the environment and society on the basis of an ESG approach, with respect to the marketing authorization procedure, as well as in the subsequent closings of subscriptions.
  • Assisted a State-owned asset manager in relation to the structuring, establishment and launch of an Italian reserved AIF - pursuant to the Art. 33 paragraph 8-ter of Legislative Decree no. 98/2011 - launched by way of registration in the Italian Court of Auditors of the Italian Ministry of Economy and Finance’s Decree of 20 August 2019 (“Decreto Operazione”), having as its object the establishment «of one or more real estate alternative investment funds […], to which to confer, or transfer, State-owned real estate assets not employed for institutional purposes and real estate rights, as well as confer or transfer real estate assets owned by parties referred to under art. 33, para. 2, including public entities […]. The funds may operate, subject to an agreement with the Ministry of Economy and Finances, through one or more compartments».
  • Assisted a primary Italian asset manager in relation to the structuring and establishment of a private equity closed-ended AIF having an investment policy focused on investments, also in compliance with ESG criteria, in Italian companies operating in the mid-market with an aim of fostering the sustainable development of excellence areas of the Italian market and of supporting such companies in internationalization and M&A processes. We assisted the AIFM also in the negotiation of the agreements with the core investors (including relevant European institutional investors), in structuring an innovative carried interest mechanism based on the achievement of ESG objectives, as well as in aligning the fund rules with the regulations on ""alternative PIR"" introduced by Decree Law no. 34/2020.
  • Assisted one of the main global players in the photovoltaic sector in the structuring of a family of funds aimed, through the establishment of several dedicated Italian real estate AIFs, at the development of the entire investment pipeline planned by the group in Italy for a total capacity of over 1 GW. The family of funds is characterized by an innovative structure in terms of share classes, waterfall of payments and Sponsor's rights, in order to take into account the phased investment in the different projects as well as the progressive entry of third party investors.
 
Languages
  • Italian
  • English
Education
  • University of Rome 'LUISS Guido Carli', Law degree

  • University of Rome 'LUISS Guido Carli', Project Finance Economy and Techniques, Ph.D.

Scientific Activity

Since 2011, Agostino has been a lecturer at the LL.M. course on "Financial market regulation" at the University of Rome "LUISS Guido Carli" (2011).

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