HomeCompetenciesAreas of LawAsset Management / Fonds
Areas of law

Asset management/fonds

We assist management companies (capital management companies, EU management companies and foreign AIF management companies) as well as their distribution partners and custodians on investment law and other relevant supervisory law (such as the German Securities Trading Act [Wertpapierhandelsgesetz, WpHG] or the Second Markets in Financial Instruments Directive [Richtlinie über Märkte für Finanzinstrumente, MiFID II]).

We have been active in investment law for over 15 years and are familiar with the market standards. Our advisory services range from the establishment or acquisition of a capital management company to the regulatory requirements for collective asset management and fund sales.
Some of the areas we are active in are:
  • Regulatory requirements for the remuneration systems of capital management companies pursuant to § 37 of the German Capital Investment Code [Kapitalgesetzbuch, KAGB] in conjunction with Annex II of the AIFM Directive and Art. 14a et seq. of the UCITS Directive. We have assisted with the implementation of these requirements since 2013. We advise our clients in close cooperation with our colleagues specializing in labor law.

  • Fund sales: We have been advising on the investment law requirements for the sale of domestic and foreign investment units for many years and are also familiar with their origins under the German Investment Companies Act [Gesetz über Kapitalanlagegesellschaften, KAGG] and the German Foreign Investments Act [Auslandinvestement-Gesetz, AuslInvestmG] from our practice. The additional requirements under the Conduct of Business Rules of the German Securities Trading Act have always been a focus of our regulatory advice. We also draft sales agreements and fund savings plans.

  • We advise AIF and UCITS depositaries on their investment law obligations as well as on banking supervisory law.

  • We provide comprehensive assistance for outsourcing projects in close cooperation with our colleagues from corporate law, labor law, IT and data protection.

  • Forensically, we have particular experience in defending against investor lawsuits relating to open-ended funds, especially equity and real estate funds.

Specialists

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Dr. Ulrich-Peter Kinzl

Partner

Attorney-at-law (Germany)

Tax consultant

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Aljoscha Schmidberger

Partner

Attorney-at-law (Germany)

Certified attorney in banking and capital markets law

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