Practice Areas

Funds Law

At M&S, we pride ourselves on offering an end-to-end, tailored service for the local and cross-border investor. Our expert and experienced lawyers are on hand to advise clients through all stages of investment management, from fund creation to administration. M&S is fully equipped to advise as to the choice in fund vehicle as well as taking care of all our clients’ understanding of administrative and regulatory needs. Key investment funds areas we specialise in include:

  • Both SICAV’s and SICAF’s (so open and closed-ended funds) 
  • SIF’s (for more specialised investments) 
  • SICAR’s, where, when involving risk capital investments, we can advise clients as to the restructuring necessary to help optimise capital gain in return for the risk incurred
  • UCITS IV, where a thorough understanding of this latest iteration of the complex EU Funds Directive is more and more commonly required when considering cross-border transactions (especially for SICAV’s, where the interpretation for each affected member state of the regulation covering the single fund ‘Passport’ is important), and more particularly the specific local Luxembourg framework.
  • M&S’s strong affiliation with the local investment funds community in Luxembourg means that we are also ideally placed to advise investors wishing to set up a Luxembourg Manco, and the implications of the AIFMD directive (so for UCITS and non-UCITS), as well as a single entity to manage funds across all EU members states (the so called ‘Super Manco’). Understanding of the latest legal and regulatory regime’s relating to family offices and the opening of a private wealth management company (‘SPF’) is also a specialty.  

 

 

M&S also provides investors with invaluable advice regarding domiciliation, facilitating their navigation of Luxembourg’s regulatory laws as well as liaising on behalf of clients with the country’s financial regulator, the Commission de Surveillance du Secteur Financier (‘CSSF’), and assisting any engagement with the CSSF’s approved local providers (those registered and accredited Professionals of the Finance Sector designated ‘PFS’), that are subject to some of the world’s most stringent financial regulation. M&S also advises clients on choice of custodian to help ensure accurate and timely transaction processing, safekeeping and reporting services. And across all of our range of offerings, we provide a bespoke service where the client has direct access to our highly qualified lawyers in any given discipline, always bearing in mind that individual cases may be time-sensitive, and leveraging on our industry knowledge, professional understanding of the market and local expertise to provide the client with a rapid and highly effective solution.