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Funds

Spain

Our specialist investment funds team provides advice on all types of funds and other indirect structures throughout their lifecycle. We advise on key assets including private equity, real estate, infrastructure, hedge funds, alternative funds, venture capital, debt and funds traded on the stock exchange from a corporate and tax perspective.

The creation of a fund, as well as operating, lending and investing, or any other alternative and indirect investment vehicle, represent activities which require the overcoming of certain legal obstacles with regards to both domestic and international regulation. Our pan-European funds group possesses vast knowledge on legal frameworks and is able to anticipate changes and therefore minimise their impact. Our knowledge of the sector enables us to add value to clients through the drafting and updating of specialised ad hoc toolsand our expert guides on funds, which include legal developments such as those affecting cross-border and private positioning, giving clients the latest view of market changes. 

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09 January 2019
CMS among Spain’s most re­cog­nised firms
Firmas le­gales más fuertes en Es­paña
22 November 2019
CMS Ex­pert Guide to AIFM pass­port­ing
Are you look­ing for leg­al in­form­a­tion on AIFM pass­port­ing? This CMS Ex­pert Guide provides you with everything you need to know.
16 July 2020
Do earn-out clauses help with M&A trans­ac­tions in­flu­enced by COV­ID-19?
In times of COV­ID-19, many trans­ac­tions are dif­fi­cult to ne­go­ti­ate, par­tic­u­larly when it comes to the pur­chase price. Can earn-out clauses be of any help? This is a ques­tion that needs to be answered...
22 November 2019
CMS Ex­pert Guide to UCITS pass­port­ing
Are you look­ing for leg­al in­form­a­tion on UCITS pass­port­ing? This CMS Ex­pert Guide provides you with everything you need to know.
14 July 2020
More con­flict­ing judg­ments from Eng­land and France: un­cer­tainty for users...
In­tro­duc­tion In a sig­ni­fic­ant case for in­ter­na­tion­al com­mer­cial ar­bit­ra­tion, on 23 June 2020, the Par­is Court of Ap­peal re­jec­ted an ap­plic­a­tion to an­nul an ICC award, find­ing that the ar­bit­ral tribunal...
22 November 2019
CMS Ex­pert Guide to private place­ment rules and law
Are you look­ing for in­form­a­tion on private place­ment rules and law? This CMS Ex­pert Guide provides you with everything you need to know.
02 July 2020
EU agrees new class ac­tion re­gime for con­sumer dis­putes
After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...
22 June 2020
ESMA con­sults on new rules for Cloud ar­range­ments
On 3 June 2020, ESMA pub­lished a Con­sulta­tion Pa­per (“CP” which is avail­able here) on draft guidelines for out­sourcing to cloud ser­vice pro­viders. For both as­set man­agers and funds, the CP pro­poses...
22 May 2020
For­eign in­vest­ments in Ger­man life sci­ence com­pan­ies be­come sub­ject to...
In re­sponse to the COV­ID-19 pan­dem­ic, Ger­many has widened the scope of its in­vest­ment con­trol to in­clude nu­mer­ous life sci­ence com­pan­ies. The amend­ments to the For­eign Trade and Pay­ments Or­din­ance ("AWV")...
14 May 2020
European Com­mis­sion post­pones the entry in­to force of CSDR set­tle­ment dis­cip­line...
The Com­mis­sion Del­eg­ated Reg­u­la­tion on set­tle­ment dis­cip­line (the “Set­tle­ment Dis­cip­line RTS”[1]) will now come in­to force on 1 Feb­ru­ary 2021 fol­low­ing in­dustry re­quests for more time for im­ple­ment­a­tion. ...
07 May 2020
GRESB 2020 – It’s Ques­tion Time!
GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
04 May 2020
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...