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Portrait ofBenjamin Bada

Benjamin Bada

Partner | Avocat à la Cour

Contact
CMS Luxembourg
Rue Charles Darwin 5
L-1433 Luxembourg
Luxembourg
Languages French, English

Benjamin is a Partner in the Investment Funds practice. He specialises in the structuring and setting up of private funds with venture capital, private equity, real estate, infrastructure or debt strategies which are taking the form of unregulated funds (limited partnerships), RAIFs or regulated funds (SIFs, SICARs, Part II funds) and he also advises fund managers on the regulatory aspects of the fund’s structuring and pre-/marketing phase. Benjamin also developed an expertise in advising institutional investors with respect to their investments into Luxembourg private equity / debt and infrastructure funds.

Before joining CMS in 2019, Benjamin gained more than 10 years of experience working in two leading law firms in Luxembourg. He is a fully qualified lawyer and is admitted to the Luxembourg Bar.

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"He is always available and engaged."

Legal500, 2022

"Benjamin Bada is pragmatic and committed to the task and provides clear explanations."

Legal500, 2022

"Approachable and responsive"

Legal500, 2022

"Good overview of complex structures"

Legal500, 2022

Benjamin Bada co-heads the team alongside Hollard and has a 'good overview of complex structures and relationships, and also quickly grasps supervisory law issues in the cross-border area'.

Legal500 2021

"Benjamin Bada has a good overview of complex structures and relationships and also quickly grasps supervisory law issues in the cross-border area."

Legal 500, 2024

"Benjamin Bada provides excellent to-the-point advice with the required operational know-how with a client-first approach."

Legal 500, 2024

"Benjamin Bada not only has great knowledge of and experience with the fund industry and its regulation, but he was also a valued contributor to the more 'commercial' aspects of negotiating with various LPs."

Legal 500, 2024

Education

  • 2009 – LLM, International and Comparative Law, Tulane University, USA
  • 2007 – Master of Laws, University of Liège, Belgium
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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.
29/04/2024
ELTIF 2.0: revised RTS amendments issued by ESMA
The European Securities and Markets Authority (ESMA) has responded to the European Commission (the Commission) request for amendments to the draft Reg­u­lat­ory Technical Standards (RTS) for the new ELTIF...
08/04/2024
Reform of Circular 02/77 on NAV calculation errors and investment breaches
IntroductionOn 29 March 2024, the Luxembourg Commission de Surveillance du Secteur Financier (CSSF) published its long-awaited Circular 24/856 (the Circular) on investor protection in the event of net...
03/04/2024
Modernisation of the Luxembourg law on the insurance sector: what’s new...
On 2 April 2024, the law of 29 March 2024 modernising the Luxembourg insurance sector was published in the Official Journal of the Grand Duchy of Luxembourg (the “Law”). The Law will enter into force...
29/03/2024
CMS LUXEMBOURG | LEGAL 500 EMEA RANKINGS 2024
The 2024 Edition of the Legal 500 EMEA Guide has been released. We are pleased to announce that CMS Luxembourg has been ranked Tier 2 and Tier 3 across eight practices. We would like to thank our clients...
14/03/2024
Breaking news - ELTIF 2.0: new RTS amendments submitted by the European...
Breaking News | The European Commission (the Commission) has recently submitted a communication to the attention of the European Securities and Markets Authority (ESMA) proposing certain amendments to...
29/02/2024
Amendments to Directive 2011/61/EU on alternative investment fund managers...
On 26 February 2024, the Council of the European Union officially approved amendments to Directive 2011/61/EU on alternative investment fund managers (read more), marking a significant development in...
25/01/2024
CAA clarifications on the notion of insurance intermediary in the context...
On 24 January 2024, the Commissariat aux Assurances (the “CAA”) released an information note regarding the notion of insurance intermediary in the context of group insurance contracts (the “Note”).The...
08/01/2024
Key insights from 2023 for a smoother journey in 2024
As we reflect on the significant strides made in various domains of the funds industry over the past year, it becomes evident that 2024 is poised to witness even more substantial legal and regulatory developments under Luxembourg and EU law. It is with great pleasure that we present to you a meticulously crafted report made by our Investment Funds experts. This comprehensive document offers a detailed overview of the key highlights from 2023 and sheds light on the imminent challenges that lie ahead in 2024. We trust that this report will prove to be a valuable resource, providing you with insightful perspectives to guide you in the strategic planning of your projects for the upcoming year.
05/01/2024
Private placement rules and law in Luxembourg
1. Summary of private placement provisions for fund shares Given that there is no specific definition of private placement under Luxembourg law, the legal framework related to the distribution of shares/units...
05/01/2024
AIFM passporting in Luxembourg
1. EEA AIFMs AIFMs authorised in their EEA home State may exercise passport rights for management and marketing of EEA AIFs to professional investors in Luxembourg. Regardless of whether an existing management...
29/12/2023
UCITS Passporting - Summary table