Asset Managers & Portfolio Managers
Our Financial Services team advises managers of collective assets (asset managers) and managers of individual portfolios (portfolio managers) in relation to transactional and regulatory matters.
The entry into force of the Financial Institutions Act (FinIA) and the Financial Services Act (FinSA) on 1 January 2020 sees the activities of independent portfolio managers and asset managers of occupational pensions comprehensively regulated for the first time. Since then, independent portfolio managers and asset managers of occupational pension schemes have required a licence to carry out their activities, just like managers of collective assets.
Recent Legal Updates related to Asset Managers & Portfolio Managers
AMLA revision: Stricter due diligence requirements for financial intermediaries as of 1 January 2023Read more
Authorisation process for portfolio managers and trustees: Status and initial practical experiencesRead more
Our offer specifically for portfolio managers, managers of collective assets and asset managers of occupational pension schemes
Customised set of directives
Although standard documents can be helpful, our experience shows that they are not always effective because every financial service provider has different business activities and needs. We can create an appropriate set of directives tailored to your circumstances at a fixed price. Besides your directives, this package also includes an update of your articles of association and organisational regulations.
FINMA licence applications – preparation and submission
We support you in preparing and submitting your FINMA application. For a fixed fee, you get advice on how to design your corporate governance as well as your structural and procedural organisation. We’ll also revise your existing directives, including your articles of association and organisational regulations. Benefit from advice on the outsourcing of services, preparation of application-relevant enclosures and submission of the application.
Ad-hoc advice on FinSA and FinIA issues
Do you have specific questions about implementation of FinSA and FinIA? Our team will be happy to suggest pragmatic solutions.
Advice on organisational requirements and corporate governance
For a fixed fee, you get advice on how to design your corporate governance as well as your structural and procedural organisation so that all legal and regulatory requirements are met.
Our expertise includes:
- Structuring of fund finance transactions, M&A transactions in relation to the acquisition or restructuring of management companies, collective investment schemes, pension funds or portfolios as well as investment (mandate) agreements between asset managers or portfolio managers and any type of investors (i.e. professional investors and retail investors)
- Drafting, negotiating and commenting on subscription line facilities, NAV facilities, collective asset management agreements, individual portfolio management agreements, disclosure documentation, such as prospectuses and key investor documents, and disclaimers, as well as issuing legal or regulatory opinions
- Provision of regulatory advice in relation to asset and wealth management, as well as licensing, organisational and risk management requirements, including drafting and commenting on compliance concepts and internal regulation or guidelines connected to financial market laws and ESG (or sustainability) frameworks