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.
Regulatory compliance
As part of our service to ensure compliance with the German Investment Code (KAGB), we assist our clients with applications for licences and registration, provide support for developing internal guidelines, e.g. in relation to remuneration packages, and provide ongoing advice on all matters involving distribution and liability.
We advise previously unregulated asset managers on the switch to regulated structures and products. This includes helping to assess structuring options outside the regulated environment. We also advise on master investment management company concepts.
We advise on transactions involving funds with regard to compliance with the KAGB, e.g. joint ventures in the property sector or notification requirements in the case of private equity transactions.
Tax compliance
Implementation of the AIFM Directive also has wide-ranging implications for the provisions of the Investment Tax Act.
Our tax compliance specialists can advise on adapting your fund structures to the new tax regulations. We provide guidance on the required changes to fund documentation and, as an additional safeguard, assist in obtaining binding information from the authorities. Our compliance team can also advise on your obligation to file tax returns and provide reports.
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