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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. We advise on all types of funds and other indirect structures and across the lifecycle. 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 regulations 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. We also actively engage in the legislative process, seeking to influence outcomes for the benefit of our client base.


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10/01/2022
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
01/12/2021
AIFM pass­port­ing in Slov­e­nia
1. EEA AIFMs Dis­tri­bu­tion to Pro­fes­sion­al In­vestors  EU AIFMs may per­form man­age­ment and mar­ket­ing activ­it­ies in Slov­e­nia on a free­dom of ser­vices and / or branch basis.EU AIFMs may ex­er­cise pass­port...
01/12/2021
UCITS pass­port­ing in Slov­e­nia
1. EEA UCITS Schemes The no­ti­fic­a­tion pro­ced­ure for mar­ket­ing of units of UCITS es­tab­lished in an­oth­er Mem­ber State in Slov­e­nia is reg­u­lated by the In­vest­ment Funds and Man­age­ment Com­pan­ies Act (Za­kon...
01/12/2021
Private place­ment rules and law in Slov­e­nia
Sum­mary of private place­ment pro­vi­sions for fund in­terests (if ap­plic­able) Defin­i­tion of a “private place­ment” There is no ex­pli­cit defin­i­tion of “private place­ment” un­der Slov­e­ni­an na­tion­al...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
24/05/2021
Fin­an­cial Con­duct Au­thor­ity (FCA) con­firms that Sus­tain­able Fin­ance Dis­clos­ure...
This Fo­cus­ing on Funds looks at new changes in the UK's ap­proach to the Sus­tain­able Fin­ance Dis­clos­ure Reg­u­la­tion (SF­DR). The Fin­an­cial Con­duct Au­thor­ity (FCA) has con­firmed that the SF­DR will not ap­ply...
24/05/2021
Fo­cus­ing on Funds – AIFMD Con­sulta­tion Pa­per
This Fo­cus­ing on Funds looks at some of the European Com­mis­sion con­sulta­tion pa­per on the AIFMD. The Con­sulta­tion fol­lows an in­ter­ven­tion by ESMA with its let­ter to the Com­mis­sion rais­ing nu­mer­ous...
24/05/2021
Fo­cus­ing on Funds – Mer­ger Con­trol: Part 1
This Fo­cus­ing on Funds is top­ic­al for fund man­agers and in­vestors as mer­ger con­trol en­force­ment con­tin­ues to strengthen around the world and the num­ber of jur­is­dic­tions where the is­sue is rel­ev­ant con­tin­ues...
01/03/2021
The Glob­al Sul­phur Ban – One Year On
Since 1 March 2020 all mar­ine ves­sels have been sub­ject to a ban from car­ry­ing on board high sul­phur mar­ine fuel oil (“HSFO”) with sul­phur con­tent great­er than 0.50% un­less they have a ‘scrub­ber’...
16/02/2021
Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
15/12/2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
09/12/2020
Is the sun set­ting on the En­ergy Charter Treaty? An up­date on the mod­ern­isa­tion...
On 2 Decem­ber 2020, the European Com­mis­sion (the “Com­mis­sion”) in­dic­ated that if “core EU ob­ject­ives” are not met as part of the on­go­ing ne­go­ti­ations to mod­ern­ise the En­ergy Charter Treaty (the...