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Germany – New Regulation (KryptoFAV) Enables Issuance of Digital Fund Units on the Blockchain

The new German Regulation on Crypto Fund Units (Verordnung über Kryptofondsanteile – KryptoFAV) introduces the possibility to issue units of German investment funds digitally as so-called Crypto Fund Units. ...more

ATAD 3 (Shell Companies) – Potential Implications for Fund Structures

A draft EU Council directive, known as ATAD 3, was issued by the European Commission as a proposal at the end of last year. The directive is aimed at countering the misuse of 'shell' entities and could impose adverse tax and...more

New Pre-marketing Rules for Alternative Investment Funds in Germany

On August 2, 2021, a new pre-marketing regime for alternative investment funds (AIFs) promoted and distributed in Germany will come into force with the Fund Domicile Act making changes to the German Capital Investment Code....more

An Overview of German Legislative Initiatives Impacting Asset Managers and Financial Service Providers in Germany and Abroad

In this OnPoint we will look at some of the upcoming German legislative initiatives that will impact asset managers and financial services providers in Germany and abroad. We will cover the following items: Fund Domicile...more

COVID-19 Coronavirus Business Impact: German Tax Administration Provides COVID-19 Coronavirus Temporary Relief for Investment...

The recent volatility in capital markets during the COVID-19 pandemic has created the risk that investment funds may be passively breaching investment restrictions that apply to them under the German Investment Tax Act....more

Investment Funds Update – Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

No-deal Brexit preparations: BaFin criticizes financial entities for missing Brexit preparation with regard to license requirements - As of March 2019, Germany's Federal Financial Supervisory Authority BaFin (Bundesanstalt...more

Investment Funds Update – Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

German Parliament adopts Brexit Transitional Act - The German Parliament (“Bundestag”) adopted by a large majority the so-called Brexit Transitional Act (“Brexit-Übergangsgesetz”) submitted by the Federal Government on...more

Investment Funds Update – Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Law amending Financial Market Laws to Regulation (EU) 2017/2402 and Regulation (EU) No 575/2013 as amended by Regulation (EU) 2017/2401 published in the Federal Law Gazette - The Law amending Financial Market Laws to...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

German Federal Ministry for Economic Affairs and Energy publishes draft bill implementing MiFID II requirements for investment brokers and advisers regulated under the German Industrial Code - The German Federal Ministry...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

German Federal Ministry of Justice and Consumer Protection published draft bill implementing the Directive (EU) 2017/828 as regards the encouragement of long-term shareholder engagement (“ARUG II”) - The Directive (EU)...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Half-year figures for Germany: Investment funds raise €51 billion by August - The German Investment Fund Association BVI issued its half-year figures report on 9 August 2018. The first half of 2018 saw investment funds in...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

BMF starts consultation of tax circular on investment tax act with associations - The BMF (Federal Ministry of Finance) sent an updated draft tax circular on 15 June 2018 to industry associations. The updated draft...more

Investment Funds Update Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

European banking and securities authorities published guidelines on the assessment of the suitability of members of the management body and key function holders - ESMA and EBA published joint guidelines regarding the...more

Investment Funds Update Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

European Commission Publishes Legislative Proposals on Sustainable Finance Which Impacts Asset Managers - The EU Commission presented a package of measures on 24 May 2018, as a follow-up to its action plan on financing...more

Investment Funds Update Europe - Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin interpretative notice regarding eligible investments for AIFs as real-estate companies BaFin published a new interpretative notice on 9 April 2018, regarding the requirements for alternative investment funds (AIF) in...more

Investment Funds Update Europe - Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin Publishes Interpretative Notice Regarding the Qualification of Tokens and Cryptocurrencies Offered Through Initial Coin Offerings to Investors - BaFin published its new interpretative notice on 20 February regarding...more

Investment Funds Update Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin Decision Regarding the Duties of Management Companies in Respect to Externally Managed Investment Companies - After a long consultation period, BaFin published its new interpretative decision on 21 December 2017...more

Investment Funds Update Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin publishes new circular for investments of German Insurers - As of 12 December 2017 and after a long consultation period, BaFin has published its new Circular 11/2017 (Hinweise zur Anlage des Sicherungsvermögens...more

New guidance to register as “privileged” domestic or foreign investment fund under German investment taxation law

Pursuant to the new German investment tax act (GITA) that will take effect of 1 January 2018, domestic and foreign resident investment funds may become subject to German corporate income tax with various German source income...more

Investment Funds Update: Europe - Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin Publishes Guidance on the Authorization of Credit Institutions - BaFin issued a guidance notice on 20 July 2017 on the requirements for the application for a banking license in accordance with Sections 32 and 33 of...more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin Restricts CFD Trading to Retail Clients - BaFin issued a General Administrative Act pursuant to section 4b of the German Securities Trading Act (Wertpapierhandelsgesetz – WpHG) on 8 May 2017. The General...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin Publishes Guidance on Transparency Standards for German Funds - On 4 April 2017, BaFin has published new transparency standards for funds after a BaFin investigation found that some active funds “closely” track...more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin Publishes Revised "MaComp" Covering Rules of Conduct, Organization and Transparency for Investment Services Enterprises - BaFin published the revised “MaComp” on 8 March 2017. The MaComp (Governing Rules of...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin publishes circular on regulatory requirements to the business organization of insurance companies (MaGo) - BaFin published a circular on regulatory requirements on 25 January 2017 for the business organization of...more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

BaFin Publishes KAMaRisk - BaFin published the “Minimum Requirements on Risk Management for Investment Management Companies (Mindestanforderungen an das Risikomanagement für Kapitalverwaltungsgesellschaften -...more

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