Publications

Does your business have or is it ready for digitalisation and digital assets? Digital assets are transforming the world of business. Not just technologies in the news, like AI and crypto currencies, but a whole world of technological advances, from digital twins and extended reality to smart contracts and token­isa­tion. For tech businesses and those already using such technology to develop and market new products, much of this is core activity and relatively well understood – although legal and regulatory uncertainties remain, and potential pitfalls still exist for the unwary. But other business leaders, often less familiar with the territory, have to manage an increasingly complex assortment of issues that never troubled their predecessors, ranging from protecting their brand in the metaverse to deciding whether they should tokenise their shares or accept payments in crypto currencies. This section of Bandwidth looks at issues around the development and regulation of a wide variety of digital assets, and discusses how businesses can embrace them to innovate and evolve.

On 21 December 2023, the Swiss Federal Council and HM Treasury in the UK announced the signing of an agreement on mutual recognition in specific areas of financial services between Switzerland and the UK referred to as the Berne Financial Services Agreement (the Agreement). The conclusion of this ground-breaking Agreement is the culmination of more than two years of negotiations following the signing of a Joint Statement on 30 June 2020 aiming at enhancing cooperation in financial services between Switzerland and the UK. 

CMS Funds Group Back to Basics briefings intend to provide high level insights regarding funds fundamentals, funds vehicles and operational considerations New briefings are published on a regular basis, covering a specific jurisdiction or topic, and providing basic essential technical explanations.

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

Given the changing landscape, we expect to increasingly encounter crypto assets in R&I situations and they have been in the spotlight as HM Treasury unveiled its plans to make the UK a global crypto asset technology hub and with the evolving Ukraine / Russia conflict. 

Periodically, CMS takes soundings on the state of the market from our funds-related clients. Given the unprecedented nature of the last 12 months we thought this was an opportune time to look back over the last few years. This study analyses the key market trends in fund documentation of over 300 funds established in Europe, Asia, USA and offshore jurisdictions advised on by CMS offices throughout 2017 to 2020. We have also conducted client interviews, which are highlighted in this report, and conducted a selective survey of our international client base. We trust this CMS Funds Market Study will be a useful guide for both managers and investors this year. The size of our deal sample and the range of countries involved means that the study should be a uniquely valuable and rich resource for managers and investors. Our research indicates that funds industry players are clear on how to move forward and that, while strategies may have shifted, there are reasons for optimism and bullishness, unlike the gloom that descended after the global financial crisis in 2008. Looking forward we see an active funds market, with Luxembourg being the jurisdiction of choice for European funds. ESG is now a key focus for investors. This market impetus and regulatory drivers are moving sustainable investment from a niche focus into the mainstream for investors and managers alike. We also see managers increasingly looking at the benefits and impact of AI and technology with the tokenisation of assets and the use of blockchain. We see this pace of change accelerating. If you have any feedback or questions, we would love to hear from you.

The aim of this brochure is to provide an informative introduction to the key areas of concern for an insurer when considering establishing operations in 14 jurisdictions of Central and Eastern Europe...