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Funds

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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Fondsstrukturierung
Fund Structuring
Well-established – our fund structuring expertiseOur lawyers’ fund structuring expertise includes all asset classes. We can advise on establishing ret
Fonds - Gerichtliche und außergerichtliche Streitbeilegung
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 invest
Investorenberatung
Investor Advice
All bases covered – our investor adviceOur long experience of advising investors provides the ideal basis for optimising your fund investments from a
Regulatorische und steuerliche Compliance
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
25/09/2020
Fu­ture fa­cing funds
The world in which the in­ter­na­tion­al funds in­dustry op­er­ates is chan­ging at un­pre­ced­en­ted speed. The eco­nom­ic con­sequences of Cov­id-19 present a massive chal­lenge to some funds and an op­por­tun­ity to oth­ers...

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07/07/2022
CMS ad­vises Siemens Pro­ject Ven­tures on sale of stake in Veja Mate off­shore...
Ham­burg – Siemens Pro­ject Ven­tures GmbH (SPV) has sold its 20% stake in the Veja Mate off­shore wind farm to VM Off­shore Beteili­gungs­gesell­schaft mbH (VMOB). VMOB is a European con­sor­ti­um com­pris­ing...
07/2022
CMS Funds Glob­al Bro­chure
The world in which the in­ter­na­tion­al funds in­dustry op­er­ates is chan­ging at un­pre­ced­en­ted speed. The eco­nom­ic con­sequences of Cov­id-19 present a massive chal­lenge to some funds and an op­por­tun­ity to oth­ers...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
24/05/2022
Draft re­port on the Com­mis­sion’s pro­pos­al to amend the AIFMD: key changes
1. Back­ground On 16 May 2022, the draft re­port on the pro­pos­al for a dir­ect­ive of the European Par­lia­ment and of the Coun­cil amend­ing Dir­ect­ives 2011/61/EU on al­tern­at­ive in­vest­ment fund man­agers (the...
24/05/2022
The ES­As have sub­mit­ted fur­ther SF­DR quer­ies to the Com­mis­sion
I. Back­ground While Level 1 of the Sus­tain­able Fin­ance Dis­clos­ure Reg­u­la­tion (“SF­DR”) has been ap­plic­able for over a year, the in­vest­ment funds man­agers have been fa­cing un­cer­tain­ties with re­gards...
11/05/2022
SF­DR con­tin­ues to evolve: more gran­u­lar dis­clos­ures to be pro­posed on in­vest­ments’...
Fin­an­cial products with ex­pos­ures in fossil gas and nuc­le­ar en­ergy are likely to have more gran­u­lar re­port­ing re­quire­ments un­der the Sus­tain­able Fin­ance Dis­clos­ure Reg­u­la­tion (“SF­DR”). The European...
11/05/2022
SF­DR’s Prin­cip­al Ad­verse Im­pacts In­dic­at­ors on course to change
The European Com­mis­sion has giv­en the European Su­per­vis­ory Au­thor­it­ies (“ES­As”) a man­date to re­view the SF­DR Del­eg­ated Reg­u­la­tion in­dic­at­ors for prin­cip­al ad­verse im­pact and the fin­an­cial product...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
18/03/2022
Post-Brexit: UK plaintiffs must provide cost se­cur­ity for pro­ceed­ings in...
Last year, long lorry jams made it clear to every­one what con­sequences Brexit will have for cross­ing the bor­der to main­land Europe. Far less known is the hurdle which UK com­pan­ies must over­come when they...
07/03/2022
EU and UK Sanc­tions against Rus­sia: a fo­cus on the Fin­an­cial Sec­tor
In re­cent days the EU and the UK have ad­op­ted and ex­pan­ded a num­ber of  sanc­tions meas­ures against Rus­si­an and Be­larus­i­an in­di­vidu­als and com­pan­ies. This art­icle fo­cuses on re­strict­ive meas­ures dir­ec­ted...
01/02/2022
Uni­fied Pat­ent Court starts fi­nal pre­par­a­tions
The Uni­fied European Pat­ent Court (UPC) has entered the fi­nal pre­par­at­ory phase. Aus­tria de­pos­ited its rat­i­fic­a­tion of the Pro­tocol on Pro­vi­sion­al Ap­plic­a­tion of the Agree­ment on a Uni­fied Pat­ent Court...
27/01/2022
Emer­ging Europe M&A Re­port 2021/2022
Fol­low­ing glob­al trends, the M&A mar­ket in emer­ging Europe surged in 2021— more money was spent on ac­quis­i­tions and in­vest­ments than in any of the pre­vi­ous sev­en years. After a re­l­at­ively poor show­ing in 2020, trans­ac­tion volume also bounced back to pre-pan­dem­ic levels. Not only did dir­ect ac­quis­i­tions and in­vest­ments fare well, but stock mar­ket list­ings also reached un­pre­ced­en­ted levels. Has the M&A mar­ket in emer­ging Europe scaled new heights?Wel­come to the 2021/22 edi­tion of the Emer­ging Europe re­port.