FINANCIAL SERVICES Securities Laws
PENSION FUNDS DNB/AFM
INVESTMENT MANAGEMENT AGREEMENTS
Asset Management & Pension Sector
Our team provides legal assistance to asset managers and fund managers, regulated and unregulated investment funds (all asset classes) and institutional investors, including a large number of pension funds. We advise on governance and applicable laws and regulations, changes therein (such as the EU Alternative Investment Fund Manager Directive, ‘AIFMD’) and assist in finding solutions to any matters regarding the Authority for the Financial Markets or the Dutch Central Bank. We further advise our clients on product structuring (including fund structuring) and an appropriate level of transparency and regarding fund listings. We assist investment managers and pension funds when entering into investment management or custody agreements. In particular, we draft and review contracts, prospectuses and any other documentation and negotiate with counterparties on behalf of our clients. Finally, we assist in setting up PPIs and asset pooling structures and provide legal assistance with respect to discretionary and fiduciary mandates.
Our team members have advised asset managers and pension funds on various high end of the market matters and transactions, which require in-depth specialized knowledge, expertise and experience. We have listed some selected matters. The list is limited to those that have been available in public sources prior to their publication here or those that can only be disclosed on an anonymous basis.
The regulatory environment of the investment management industry is changing rapidly. The AIFMD, for example, will introduce a license requirement for managers of currently unregulated real estate funds, private equity funds, hedge funds and other alternative investment funds. At the same time, pension funds are facing a tougher regulatory regime in terms of prudent investment management, regulatory buffers, governance and skills (DNB) as well as conduct of business and transparency rules (AFM).