NautaDutilh unites regulatory experts, specialists in the fields of banking, corporate and tax advisers from the Netherlands, Luxembourg and Belgium.
NautaDutilh unites regulatory experts, specialists in the fields of banking, corporate and tax advisers from the Netherlands, Luxembourg and Belgium. We have an unparalleled understanding of the investment management industry and a longstanding experience in assisting investment institutions and asset managers in setting up investment fund structures.
The introduction of the AIFM and UCITS directives, PRIIPs, EMIR, Solvency II, as well as national initiatives, have prompted restructuring of funds, review of contracts, and adjustment of distribution arrangements. Clarity about the new rules and their interpretation is essential to investment institutions and asset managers. They need a partner with great regulatory knowledge and experience. NautaDutilh – known for its strong regulatory expertise – is that partner.
Having an integrated approach, NautaDutilh unites regulatory experts, specialists in the fields of banking, corporate and tax advisers from the Netherlands, Luxembourg and Belgium. We also work closely together with the experts from our London and New York offices. This results in a multidisciplinary team who fully comprehends the field of investment management able to advise on the structuring, formation, taxation and regulation of investment fund transactions.
Clients know that they can rely on our in-depth experience and regularly solicit us to provide advice from a legal standpoint on the operations of funds but also on local or European legal and regulatory developments. Our full-service offering safeguards the success of our client's projects.
Luxembourg is the primary fund centre in Europe, the second largest in the world, and a global leader in terms of cross-border investment fund distribution. The Grand Duchy is known as a stable and trusted jurisdiction having a unique and innovative toolkit for investment products.
Luxembourg being the place of choice for setting up a fund, the investment management practice of NautaDutilh Avocats Luxembourg naturally supports clients across the entire fund life cycle, from the structuring phase to the fund’s life end. The team’s expertise lies in collaborating with institutional clients to understand their unique needs and creating structuring solutions that will help them achieve their investment objectives. Our team enjoys an outstanding track record in fund structuring, regulatory advice, fund financing, investor negotiations, due diligence, and transactional work. We advise on all types of funds, including RAIFs, SIFs, SICARs, SCSs or SCSps, and UCITS, with a particular focus on alternative investment funds, whether regulated or not. When regulatory approvals are required, the team will assist in the filing and approval process with the Luxembourg regulator and advise on compliance issues. We provide regulatory advice in all areas of the law related to investment funds, including but not limited to SFDR, cross-distribution, eligible assets, and AML related issues.
Our partners are active members of associations such as the Association of the Luxembourg Fund Industry (ALFI) and the Luxembourg Private Equity and Venture Capital Association (LPEA) helping to outline Luxembourg’s regulatory framework and staying at the forefront of the latest developments and opportunities.
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Our wide range of investment management related services include:
- Assisting in the setting up, day-to-day operation, regulatory management as well as re-structuring operations of investment funds vehicles.
- Assisting in all regulatory approvals, where needed.
- Assisting GPs on the admittance of new investors and negotiation therewith.
- Assisting LPs in negotiating investments in Luxembourg based investment funds.
- Advising on the impact, implementation and compliance with new and existing regulatory rules and framework.
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One integrated team
Our investment management practice brings together highly regarded specialists in the areas of tax, corporate, private equity, financing, outsourcing, data protection and litigation services. All are dedicated to combining their individual expertise into one integrated team. This approach allows us to offer tailored investment solutions to our clients.
A selection of the experts we regularly work with:
- Jean-Marc Groelly, Tax partner, on the tax aspects of regulated and mainly alternative investment funds.
- Romain Sabatier, Corporate partner, and Caroline Notté, Private Equity partner, on the corporate aspects of funds and transactional work for funds (investment or subsequent acquisition).
- Josée Weydert, Banking partner, on the financing of funds.
- Vincent Wellens, IP & Tech Law partner, on outsourcing and data protection.
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What others say
- ‘Dedication, accessibility and knowledge of the market.’
The Legal 500 2024 - ‘The team is very client-minded and has high-quality and performance. They help us constantly and we can reach them always. They are open-minded.’
The Legal 500 2024 - ‘Very reliable and authentic.’
The Legal 500 2024 - ‘Professional; technical knowledge; excellent contacts with regulatory authorities, reactivity and business oriented.’
The Legal 500 2022 - ‘The investment management team is responsive and provides timely and high-quality advice.’
The Legal 500 2022 - ‘Their strengths and capabilities include knowledge of the subject, keeping to timelines and availability when needed.’
The Legal 500 2022 - "Good knowledge and understanding of the matter."
IFLR1000 2022 - "Responsive, professional."
IFLR1000 2022 - "The firm is business oriented and provides timely and practical advice."
IFLR1000 2022
- ‘Dedication, accessibility and knowledge of the market.’
NautaDutilh's Investment Management group is a multi-disciplinary team which focuses on the needs of the investment management industry, including regulatory advice, fund formation, cross border structuring, listings, asset pooling and asset management arrangements.
The group is strong in all segments of the fund market with a great track record in real estate, mortgage funds, illiquid funds, as well as cross-border fund structures and sustainability and impact funds. As a leading firm in the regulatory area, we are well-equipped to assist our fund clients in all related matters. Over the past years, we have more and more focused on sustainability and the rules applicable to investment funds, most notably SFDR and Taxonomy, which has grown to become a core element of our fund practice.
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Our wide range of investment management related services include:
- Setting up and (re)structuring investment institutions, fund formations and other pooling structures, both nationally and cross-border
- Assisting on the set-up and extension of (innovative) mortgage investment platforms
- Obtaining all regulatory approvals on acquisitions in which funds are involved
- Assisting on the admittance of new investors
- Advising on the impact of existing and future regulatory rules
- Assisting in filing license applications
- Assisting on the set-up of investment funds, including drafting all fund documentation
- Assisting on new (innovative) fund initiatives and related investment structures
- Supervising investment institution IPOs
- Negotiating investment management agreements and asset management arrangements
- Advising national and international investment firms on derivative and repo agreements and collateral arrangements entered into with Dutch investment funds
- Supporting discussions with the regulatory bodies, both informally and in court
- Promoting the interests of market parties in drawing up new regulations, both on a national and on a European level
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What others say
- ‘Great knowledge of financial services acts, high quality, timely advice, and good knowledge of regulators. Good network abroad.'
The Legal 500 2023 - ‘Nauta has a fairly broad funds practice, with some excellent capabilities within the credit funds space in particular, combining the firm’s finance expertise with its funds expertise.’
The Legal 500 2023 - ‘The Nauta team works very well together. I do not have to worry about anything falling between the cracks.’
The Legal 500 2023
- ‘Great knowledge of financial services acts, high quality, timely advice, and good knowledge of regulators. Good network abroad.'
Although the funds activity in Belgium cannot be compared to the Luxembourg or the Dutch ones, our Brussels office has managed to gain an outstanding track record in all areas of funds which includes fund structuring, regulatory advice, fund financing and investor negotiations due diligence, transactional work, passporting/private placement notifications and funds marketing. The team provides practical and in depth advice to fund managers and promotors on the structuring and launching of various types of (regulated and unregulated) funds structures (including on cross-border aspects).
