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Funds

France

Whether you are involved in a fund launch, marketing activities other indirect investment vehicles or on subsequent operational issues, you need to overcome legal hurdles both in domestic and cross-border activities. Your business is particularly facing significant challenges due to new regulations such as AIFMD, UCITS V, MiFID II, CRD IV anti-money laundering directives and greater protections being accorded to investors (such as PRIIPS regulation). Our pan-European funds experts advise across your key asset classes including private equity, venture capital, real estate, infrastructure, hedge, debt and exchange traded funds.

Our focus on your specific investment areas allows us to track new complex funds products, often before they come to market. This means we can advise you on the commercial as well as the legal aspects of your fund decisions. We recognize the fast-moving regulatory climate you face and aim to simplify the legal minefield with our expert funds guides and feature articles. These cover developments such as those affecting passporting and private placement regimes and allow you to keep pace with key market changes. In particular, we may assist you in devising efficient products distribution strategies. If you face litigation, our experts can help you secure the best possible outcome.

Who's Who Legal - Private Fund Lawyers 2015 : " Jérôme Sutour at CMS Francis Lefebvre Avocats is a “guru” on investment funds law. His “sensible advice” and “business-oriented solutions” are greatly appreciated by clients."

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20/01/2016
CMS Guide to Private Place­ment of Funds

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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.
20/09/2017
Pub­lic Coun­try-by-Coun­try Re­port­ing; Tax­pay­er­s' Rights
Ap­pro­pri­ate Use of Coun­try-by-Coun­try Re­ports The OECD has now pub­lished Guid­ance (avail­able here) on the ap­pro­pri­ate use of Coun­try-by-Coun­try Re­ports (‘Cb­CRs’) by na­tion­al tax au­thor­it­ies. This is in re­sponse to some val­id MNE con­cerns that tax au­thor­it­ies.
10/02/2017
In­dia Budget 2017 - 2018
On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
24/01/2017
The up­com­ing money mar­ket fund reg­u­la­tion
I. The Reg­u­la­tion in­tro­duces two new cat­egor­ies of MMF, with each MMF re­quired to meet the re­quire­ments: short-term MMFs, whose ob­ject­ive is to of­fer money mar­ket rate re­turns while en­sur­ing the highest pos­sible level of safety.
01/12/2016
BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).