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Investment Funds

Whether you are launching, operating, lending to or investing in a fund or an alternative indirect investment vehicle, you need to overcome legal hurdles which may be from a domestic and/or cross-border perspective. Our pan-European funds group advises across your key asset classes including private equity, real estate, infrastructure, hedge, venture capital, debt and exchange traded funds.

Luxembourg being the second largest fund centre in the world and the first in Europe, CMS Luxembourg naturally established a department dedicated to the funds industry. Our team of experts is able to advise you on all types of funds, regulated or unregulated, and other indirect structures. Our experience and varied client base enables us to advise on the commercial as well as the legal and tax aspects. 

We are highly skilled at, and have a reputation for, efficiency and providing commercial and pragmatic advice to reach successful deal conclusions quickly and on sensible budgets. We recognise the fast-moving regulatory climate and aim to simplify the legal minefield with our expert funds guides. These cover developments such as those affecting passporting and private placement regimes and allow you to keep pace with key market changes. 

"Part of a multi-jurisdiction practice with the ability to advise on cross-border fund structuring and regulatory and tax issues. Serves well international clients seeking to establish investment fund presence in Luxembourg."

Legal500, 2022

"CMS was able to mobilise partners from other countries to support an investment due diligence process that required legal and tax expertise from multiple European domiciles."

Legal500, 2022

"The team has a good knowledge of the funds market practice and regulations. It is responsive and provides excellent, succinct and practical advice."

Legal500, 2022

"Innovative and open-minded approach to fund structuring."

Legal500, 2022

"As an authorised AIFM, we value the service and expertise of CMS Luxembourg, especially when it comes to advising on the creation of investment funds, with a focus on alternative investments. We have received consistently positive feedback from our customers."

Legal500, 2022

"Quick and knowledgeable response. Very informed on cutting-edge developments in the industry and well connected to the industry and the CSSF."

Legal500, 2022

"CMS Luxembourg is our go-to legal partner. As a firm we particularly appreciate their responsiveness and their client-oriented approach. They can cover all legal aspects of our projects and have excellent knowledge of the legal and regulatory framework as well as market practices."

Legal500, 2022

"The team has an in-depth knowledge of the legal and regulatory environment and a very good understanding of the clients’ needs and constraints. They are well informed of the industry trends and have a commercial and pragmatic approach."

Legal500, 2022

"Professionalism, reactivity, efficiency. "

IFLR1000, 2021

"Focused advice. Quick delivery. Cross-border advice."

IFLR1000, 2021

"The team is very reactive. They answer all our questions very quickly. They are very reassuring as well."

IFLR1000, 2021

"Experts on the topic, very pragmatic approach, quick turnaround, cost-efficient."

IFLR1000, 2021

"Very high availability, professionalism and endurance."

IFLR1000, 2021

"It is one of the few teams that is able to think strategically with fund managers. With this team we have never been provided with an off-the-shelf solution pushed to tick most of the boxes. Quite the contrary; they offer a tailored approached, incorporating market forces, costs, governance principle, investment strategies, in order to best advise their clients."

Legal500, 2021

"Well-run set with a true specialisation and vast experience and a huge depth of knowledge. Very responsive, communicative and collaborative."

IFLR1000, 2021

"They have deep knowledge about the different types of funds, investment vehicles and structures which are best-suited for their clients."

Legal500, 2021

"CMS are very professional and with a very strong knowledge in the private equity area. They are very responsive and proactively involved with all parties involved in any transaction. They are very client-oriented, but as well they are efficient in sharing information with us the service provider and working alongside us to deliver the best result to the client."

IFLR1000, 2021

"As one of the few lawyers in Luxembourg that understand the concept of client service; they are creative without losing sight of what it is realistic."

IFLR1000, 2021

"We have been very impressed with the strength-in-depth of the CMS Luxembourg team. They are able to cover both regulatory, tax and finance matters which has proven invaluable to servicing the requirements of our clients."

Legal500, 2021

"They are expert, fast, efficient and a great partner to our firm."

IFLR1000, 2021

"CMS is able to advise on a wide range of investment products (regulated and unregulated structures) focusing on almost all asset classes."

Legal500, 2021

"A very proactive team which provides an entrepreneurial mindset and a commercial outlook. Partners are always on top of things, and also supported by an outstanding team of associates."

Legal500, 2021

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Green
ESG and Responsible Investment Funds
Welcome to the ESG and Responsible Investment Funds subsection of our website.At CMS Luxembourg, we are dedicated to helping clients stay ahead o
05/01/2024
CMS Expert Guide to AIFM passporting
 The EU Commission promoted passporting rights as one of the key benefits for hedge, private equity, real estate and other alternative investment fund managers authorised under the Alternative Investment Fund Managers Directive (“AIFMD”). How­ever, we
29/12/2023
CMS Expert Guide to UCITS passporting
 The UCITS Directive was established to harmonise retail collective investment schemes in the EU through the introduction of a common investment vehicle known as a “UCITS”. One of the key benefits of the UCITS Directive is that UCITS can be establish

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06/08/2024
The ESAs provide additional clarifications under SFDR
On 25 July 2024, the European Supervisory Authorities (the “ESAs”) published an updated version of the consolidated questions and answers (the “Q&As”) on the Sustainable Finance Disclosure Regulation[1]...
01/08/2024
ESMA’s long-term vision on the functioning of the Sustainable Finance Framework
A few weeks after the publication of the European Supervisory Authorities’ (the “ESAs”) joint opinion on the Sustainable Finance Disclosure Regulation (the “SFDR”)[1], the European Securities...
30/07/2024
Bill of law - Blockchain law IV aiming at facilitating the use of distributed...
On 24 July 2024, bill of law 8425 (the “Bill of Law”) was filed with Luxembourg Parliament.The Bill of Law aims at improving the current legal framework for dematerialised securities to ensure greater...
25/07/2024
AIFMD II: ESMA launches two consultations on liquidity management tools
I. BackgroundThe current environment of global uncertainty, marked by significant events such as armed conflicts and drastic changes in interest rates, has considerably amplified the importance of liquidity...
25/07/2024
AIFMD II: ESMA launches two consultations on liquidity management tools
I. BackgroundThe current environment of global uncertainty, marked by significant events such as armed conflicts and drastic changes in interest rates, has considerably amplified the importance of liquidity...
25/07/2024
The EU Commission publishes final RTS on ELTIF 2.0
BackgroundOn 19 July 2024, the European Commission (EC) published final regulatory technical standards (the Final RTS) under the amended ELTIF Regulation (so called “ELTIF 2.0”). This publication...
19/07/2024
Commission Delegated Regulation on sustainability disclosures for STS se­cur­it­isa­tions...
IntroductionThe Commission Delegated Regulation, supplementing Regulation (EU) 2017/2402 (the “Se­cur­it­isa­tion Reg­u­la­tion”[1]), entered into force on 8 July 2024 (the “Commission Delegated Regulation”...
25/06/2024
Market Abuse Regulation (MAR): Ensuring Fair and Transparent Markets
Market Abuse Regulation (MAR) represents a comprehensive framework established by the European Union to prevent inter alia market manipulation, insider dealing, and unlawful disclosure of inside information...
20/06/2024
ESAs propose improvements to the SFDR and suggests introducing categories...
BackgroundOn 18 June 2024, the three European Supervisory Authorities (EBA, EIOPA, and ESMA, collectively known as the ESAs) published an opinion (the Opinion) on the evaluation of the Sustainable Finance...
18/06/2024
Webinar Series | Liquidity Management for Investment Funds
In the context of retailisation of private funds, liquidity management assumes a pivotal role in mitigating liquidity risk and ensuring the smooth functioning of investment vehicles, specifically when delving into the use of liquidity management tools (LMTs) in (semi-)open ended funds. Join us for an insightful four-part webinar series, followed by a physical event at our premises, where we unravel the complexities of liquidity management applicable to investment funds. Whether you’re a seasoned fund manager or just want to get familiar with this topic, these sessions are tailored to enhance your understanding and equip you with practical tools.
27/05/2024
Carbon Funds: An Innovative Tool Towards A Decarbonised Economy
With the urgency of climate change, actors in the financial sector realise the crucial role they can play in the transition to a sustainable economy. This is reflected in the number of new sustainable...
23/05/2024
Back to Basics briefings - New briefing added!
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.