Searching Content by Patricia Volhard, LL.M. ordered by Published Date Descending.
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Impending End Of The National Private Placement Regime In Germany For Managers From Passport-Eligible Non-EU States (Including The USA, Guernsey, Jersey And Switzerland)
Non-EU managers from countries not yet regarded as passport-eligible may continue to market in Germany on the basis of the national private placement regime
28 Sep 2016
ESMA Advises On Extension Of Funds Passport To 12 Non-EU Countries: U.S. Generally Deemed Passport Eligible
Other than in their previous advice they now suggest that the U.S. is generally a country eligible for the passport subject to certain restrictions.
27 Jul 2016
Brexit – Impact On UK Fund Managers Active In Germany
On June 23, 2016, the UK electorate voted in a referendum by 51.9% to 48.1% to leave the EU. The actual departure from the EU will be preceded by complex negotiations.
European Union
4 Jul 2016
ESMA Calls For Common EU Harmonized Legal Framework For Loan-Originating Funds
ESMA's advice focuses on loan origination and does not seem to cover AIFs which buy and restructure loans.
European Union
13 Apr 2016
ESMA Final Report – The Principle Of Proportionality In The Guidelines On Sound Remuneration Policies Under The UCITS Directive And AIFMD Remains In Place
In light of those discussions ESMA's publication regarding the remuneration guidelines for UCITS managers and AIFMs was expected with interest.
European Union
11 Apr 2016
New Legal Regime For Lending By Funds And Other (Unrelated) Amendments To The German Capital Investment Act
With effect of March 18, 2016 the legislator has now implemented into law the new administrative practice of the German Federal Financial Supervisory Authority.
28 Feb 2016
ESMA Advice On Third Country AIFMD Passporting
ESMA's advice is a condition for the introduction of the passport by the Commission which generally shall occur within three months following receipt of the advice.
7 Sep 2015
BaFin's New Administrative Practice On Loan Originating Funds
The German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, "BaFin") today announced changes to its administrative practice with regard to loan origination by investment funds.
15 May 2015
New Insurance Ordinance Adopted
Bill C-18, entitled the Agricultural Growth Act, received Royal Assent on February 25, 2015, and will come into force on a day to be fixed by order of the Governor in Council.
2 Mar 2015
BaFin: Amendments To Administrative Practice With Regard To Qualification Of Carry Vehicles
Questions often arise in practice with regard to Carry structures and their treatment under the German Capital Investment Code.
11 Nov 2014
BaFin Guidance Notice Regarding The Marketing Of AIF By Non-EU (Third Country) Managers
Since the implementation of the AIFM-Directive, the marketing of funds by third country managers to professional investors in Germany requires marketing approval.
5 Sep 2014
Draft Of A New Investment Ordinance
The Federal Ministry of Finance published today for consultation purposes a draft regulation amending the investment ordinance.
30 May 2014
KAGB-Amendments: Changes To Distinction Between Open-Ended And Closed-Ended AIFs
The German Federal Cabinet approved a government draft on the legislation to adapt the laws on the financial market.
30 Apr 2014
Recent Developments On The German Law Implementing The AIFMD
Existing funds which no longer invest after July 22, 2013 are not required to comply with the provisions of the KAGB, even if the manager of such funds also manages funds which still make investments.
8 May 2013
BaFin Consultation 03/2013 – Scope Of The KAGB-E/Interpretation Of The Term "Investment Fund"
The Federal Financial Supervisory Authority has published a consultative draft guidance notice including a Q&A on the scope of the draft Capital Investment Act as well as the interpretation of the term "alternative investment fund, and the Draft firstly stipulates the individual legal characteristics for the term investment fund.
3 Apr 2013
European Parliament Agrees To The Compromise On A Regulation On European Venture Capital Funds
On 12 March 2013 the European Parliament officially agreed to the compromise text of the Cyprian Council Presidency on a Regulation on European Venture Capital Funds.
European Union
14 Mar 2013
ESMA Final Report: Guidelines On Sound Remuneration Policies Under The AIFMD
Following the consultation paper dated September 28, 2012, the European Securities and Market Authority published on February 11, 2013 its final report on guidelines relating sound remuneration policies under the AIFMD.
6 Mar 2013
BMF Publishes First Draft Of A German Transposition Law Of AIFMD
Today, the German federal ministry of finance ("BMF") issued a discussion draft of a law to transpose the Directive on Alternative Investment Fund Managers ("AIFMD" or the "Directive") which includes a draft Capital Investment Act ("KAGB-E").
26 Jul 2012
ESMA Consultation Paper: Guidelines On Sound Remuneration Policies Under The AIFMD
The Guidelines are based on the remuneration guidelines under the Capital Requirements Directive ("CRD") applicable to credit institutions and investment banks.
3 Jul 2012
Possible Licensing Requirement For Private Equity Funds-Of-Funds Under The German Banking Act
In our Client Memo of December 2, 2011, we reported on the adoption of the "Act Reforming the Laws on Intermediaries for Financial Investments and on Investment Products" ("Act").
9 Mar 2012
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