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Funds

Germany

Asset Management, Funds & Capital Investment Law

Regulation and new tax rules are changing the market environment for investment funds. They impose new requirements on market players who operate collective investment schemes and provide asset management services. Particularly since implementation of the AIFM Directive via the German Investment Code (KAGB), investment management companies and their funds need to adapt to the new legal framework.

Our lawyers specialising in asset management, funds & capital investment law advise investment management companies, funds, depositaries, asset managers, fund service providers and investors on all matters relating to collective asset management and investing in funds (Investor Advice). We advise on fund structuring and establishing funds. We also advise investors on fund investments and assist market participants with regulatory and tax compliance. Another key area of expertise is advising funds, their managers and distribution partners on in-court and out-of-court dispute resolution, in particular when countering investor lawsuits.

What sets us apart?

Asset-oriented

We understand your investments. Our advice is not restricted to the fund level or asset level. We can combine both, and indeed do so. Investment management companies and funds benefit from our expertise across a wide range of asset classes – including real estate, private equity, ships and renewable energy. Depending on the asset in question, our experts in asset management, funds & capital investment law draw on specialists from the Private Equity, Real Estate & Public, Infrastructure & Project FinanceMaritime and Energy teams.

Multidisciplinary

We make your projects happen. We have extensive experience of complex fund structuring involving a range of legal aspects and of fund-related transactions. When implementing projects, we bring together all the required expertise – from tax law to regulation.

Cross-border

We go where you go. Our advice is not restricted to one jurisdiction. The CMS network allows funds and asset managers worldwide to benefit from the legal expertise of the international CMS organisation at 65 locations in 40 countries. Naturally, we also have offices in Luxembourg, as one of Europe's leading locations for funds.

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    Fund Structuring

    Our lawyers’ fund structuring expertise includes all asset classes. We can advise on establishing retail funds and special funds for (semi-)professional investors, regardless of whether it involves open-ended funds or closed-end funds.

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    In-court and out-of-court dispute resolution

    The key areas addressed by our Dispute Resolution lawyers include representing funds, their managers and distribution partners in disputes with investors, e.g. countering lawsuits involving prospectus liability and claims arising from allegations of inappropriate investment advice.

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    Investor Advice

    Our long experience of advising investors provides the ideal basis for optimising your fund investments from a legal and tax perspective. We work closely with you to identify the special features of the fund and help to optimise the terms of the investment. Using suitable access structures, we can also help to make investment possible in the first place.

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    Regulatory and Tax Compliance

    The German Investment Code (KAGB) and Investment Tax Act (InvStG) have placed the regulation and tax treatment of open-ended and closed-end funds on a new footing. We advise investment management companies, funds, depositaries, asset managers, fund service providers and investors on compliance with the regulatory and tax-related requirements.

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    19/06/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLT) are ap­proach­ing the main­stream. Tech­no­logy com­pan­ies of­fer products for com­mer­cial pro­jects. IB­M's Block­chain Plat­form ref­er­ences “500+ cli­ent en­gage­ments to date”.
    20/02/2019
    European Par­lia­ment backs EU wide frame­work for screen­ing for­eign...
    On 14 Feb­ru­ary 2019, the European Par­lia­ment voted to en­dorse the first ever EU-wide tool for screen­ing for­eign dir­ect in­vest­ment (FDI) on the grounds of se­cur­ity and pub­lic or­der. The vote brings the EU one step closer to put­ting in place a frame­work al­low­ing.
    22/11/2018
    New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
    Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
    23/10/2018
    CMS - Fo­cus­ing on Funds - AIFMD pre-mar­ket­ing pro­pos­als
    This Fo­cus­ing on Funds up­date looks at the hot top­ic of funds mar­ket­ing and pro­pos­als for a pre-mar­ket­ing re­gime for al­tern­at­ive in­vest­ment funds. This is an area we are of­ten asked to ad­vise on as vari­ous forms of “soft mar­ket­ing” activ­ity trig­ger reg­u­lat­ory.
    28/09/2018
    CMS - Fo­cus­ing on Funds - Tough­er Tax Rules for Ger­man Real Es­tate
    This Fo­cus­sing on Funds up­date looks at the con­tinu­ing hot top­ic of how tax changes af­fect fund struc­tures and deals. Fol­low­ing our pre­vi­ous look at the France and Lux­em­bourg double tax treaty, the fo­cus be­low is on Ger­man real es­tate.
    25/09/2018
    In the Af­ter­math of Achmea – Does Vat­ten­fall En­sure the Fu­ture for...
    On 6 March 2018, the EU Court of Justice (CJEU) held in its Achmea rul­ing that dis­pute set­tle­ment pro­vi­sions provid­ing for ar­bit­ra­tion in in­tra-EU bi­lat­er­al in­vest­ment treat­ies (BITs) are in­com­pat­ible with EU law.
    12/09/2018
    CMS - Fo­cus­ing on Funds - Re­spons­ib­il­ity and Sus­tain­ab­il­ity Mat­ters
    This Fo­cus­ing on Funds up­date looks at a de­vel­op­ing hot top­ic of sus­tain­able, re­spons­ible and im­pact in­vest­ment (SRI) and why this mat­ters for funds. En­vir­on­ment­al, so­cial and gov­ernance (ESG) and SRI is­sues have be­come an in­creas­ingly im­port­ant part of the.
    13/06/2018
    EU tem­por­ary meas­ures on CF­Ds and bin­ary op­tions
    On 22 May 2018, the European Se­cur­it­ies and Mar­kets Au­thor­ity (“ESMA”) ad­op­ted two de­cisions im­ple­ment­ing tem­por­ary product in­ter­ven­tion meas­ures. These de­cisions re­strict the mar­ket­ing, dis­tri­bu­tion and sale of con­tracts for dif­fer­ence (“CF­Ds”) and bin­ary.
    11/06/2018
    BEPS: UK rat­i­fies the OECD Mul­ti­lat­er­al In­stru­ment
    The Double Tax­a­tion Re­lief (Base Erosion and Profit Shift­ing) Or­der 2018 has been ap­proved by the House of Com­mons on 23 May 2018 (the “Or­der”) (full text avail­able here). The Or­der rat­i­fies the OECD’s Mul­ti­lat­er­al Con­ven­tion to Im­ple­ment Tax Treaty Re­lated.
    06/06/2018
    CMS - Fo­cus­ing on Funds
    CMS - Fo­cus­ing on Funds  |  Double Trouble - France and Lux­em­bourg double tax treaty   This Fo­cus­ing on Funds up­date looks at a spe­cif­ic hot tax top­ic af­fect­ing how and where funds are struc­tured. In ad­di­tion to the in­creased gen­er­al fo­cus on dom­i­cili­ation.
    24/05/2018
    CMS Fo­cus­ing on Funds: GDPR – Are you ready?
    What is GDPR? The GDPR will re­place much of the ex­ist­ing pri­vacy le­gis­la­tion across the EU (in­clud­ing in the UK, the Data Pro­tec­tion Act 1998). As an EU Reg­u­la­tion it will ap­ply across the EU. However, it also al­lows Mem­ber States to set their own rules in.
    15/03/2018
    Pre-mar­ket­ing - Pro­posed changes to AIFMD
    On 12 March 2018, the European Com­mis­sion pub­lished a pro­posed dir­ect­ive and a pro­posed reg­u­la­tion amend­ing the AIFMD and UCITS IV to fa­cil­it­ate cross-bor­der mar­ket­ing of funds. Im­port­antly, these pro­pos­als cov­er pre-mar­ket­ing un­der AIFMD which is an area.