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Funds

We assist with the structuring, formation, fundraising, operation and investment activities of a broad range of both listed and non-listed funds across multiple industries. With teams in all relevant jurisdictions in Europe, we advise on the most beneficial tax and legal structuring of funds, we assist with permit applications and identify potential licensing exemptions. We draft the offering documentation and we advise on the rules applicable to the marketing and offering of participations in the fund. We also have significant experience in the marketing of foreign funds in the Netherlands, including the listing of non-Dutch funds on the Amsterdam stock exchange.

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. Our experience and varied client base enables us to advise on the commercial as well as the legal and tax aspects.

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.

Your questions may cover the entire lifecycle of a fund: the establishment, the most favorable structure from a tax and legal perspective, the admission of investors, operational and investment activities and licence requirements. We assist you in this whole process, take care of the permit application and identify potential licensing exemptions.

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13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
07/2022
CMS Funds Glob­al Bro­chure
The world in which the in­ter­na­tion­al funds in­dustry op­er­ates is chan­ging at un­pre­ced­en­ted speed. The eco­nom­ic con­sequences of Cov­id-19 present a massive chal­lenge to some funds and an op­por­tun­ity to oth­ers...
29/06/2022
Pop­u­lar in­vest­ment vehicles in the Neth­er­lands
Up­dated on May 2022 In­vest­ment vehicle Fonds voor ge­mene rek­en­ing (FGR)Com­man­ditaire ven­nootschap (CV)Fisc­ale be­leg­gings-in­stelling (FBI) 1. Form Fonds voor ge­mene rek­en­ing (FGR) Con­trac­tu­al Com­man­ditaire...
Comparable
28/06/2022
CMS ap­points Jasper Kampher­beek as part­ner
CMS ap­points as­signed civil-law not­ary Jasper Kampher­beek as part­ner with ef­fect from 1 Ju­ly 2022. With this ap­point­ment, CMS strengthens its Real Es­tate & Con­struc­tion prac­tice group.Man­aging part­ner...
01/06/2022
CMS Next
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
24/05/2022
The ES­As have sub­mit­ted fur­ther SF­DR quer­ies to the Com­mis­sion
I. Back­ground While Level 1 of the Sus­tain­able Fin­ance Dis­clos­ure Reg­u­la­tion (“SF­DR”) has been ap­plic­able for over a year, the in­vest­ment funds man­agers have been fa­cing un­cer­tain­ties with re­gards...
24/05/2022
Draft re­port on the Com­mis­sion’s pro­pos­al to amend the AIFMD: key changes
1. Back­ground On 16 May 2022, the draft re­port on the pro­pos­al for a dir­ect­ive of the European Par­lia­ment and of the Coun­cil amend­ing Dir­ect­ives 2011/61/EU on al­tern­at­ive in­vest­ment fund man­agers (the...
11/05/2022
SF­DR con­tin­ues to evolve: more gran­u­lar dis­clos­ures to be pro­posed on in­vest­ments’...
Fin­an­cial products with ex­pos­ures in fossil gas and nuc­le­ar en­ergy are likely to have more gran­u­lar re­port­ing re­quire­ments un­der the Sus­tain­able Fin­ance Dis­clos­ure Reg­u­la­tion (“SF­DR”). The European...
11/05/2022
SF­DR’s Prin­cip­al Ad­verse Im­pacts In­dic­at­ors on course to change
The European Com­mis­sion has giv­en the European Su­per­vis­ory Au­thor­it­ies (“ES­As”) a man­date to re­view the SF­DR Del­eg­ated Reg­u­la­tion in­dic­at­ors for prin­cip­al ad­verse im­pact and the fin­an­cial product...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
05/04/2022
Back to Ba­sics brief­ings
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.
07/03/2022
EU and UK Sanc­tions against Rus­sia: a fo­cus on the Fin­an­cial Sec­tor
In re­cent days the EU and the UK have ad­op­ted and ex­pan­ded a num­ber of  sanc­tions meas­ures against Rus­si­an and Be­larus­i­an in­di­vidu­als and com­pan­ies. This art­icle fo­cuses on re­strict­ive meas­ures dir­ec­ted...