Our core practice areas are corporate law and financial supervision and regulation.
A fund manager under financial supervision must appoint a depositary for each of its funds, which is currently under close scrutiny by the AFM. We draft and advise on these agreements between managers and depositaries.
In addition to regulatory matters, we also specialise in drawing up fund documentation, both for professional investors’ funds and retail investors’ funds. We know the market and help our clients propose appropriate and market-standard governance arrangements. Not only tax structuring is key, but also transferability of fund interests (e.g. through the public market, such as Euronext Fund Service or through private placement) and industry’s “best practice” standards (such as DUFAS, INREV or ILPA).
We have been involved in the drafting of numerous prospectuses. This may be an “article-23–AIFMD-document” but may also be a more extensive document, either based on the requirements under the EU Prospectus Directive requiring AFM approval or based on the Dutch top-up retail rules.
The cooperative is surprisingly flexible in order to support corporate social responsibility activities. It allows a combination of cooperation, participation, education and re-investment of proceeds, while at the same time catering to the needs of financial investors.
René has career-long experience in advising many cooperatives, varying from large, small, market leaders with historic roots dating back to earlier centuries, to young start-ups. On governance issues, member financing, mergers, split-offs, conversion, complex rules and regulations, and semi-public trading facilities for membership rights, both domestic and cross-border.
We have expertise in the following areas:
- Establishment of a joint venture in every possible form, including BV, NV, general and limited partnership, cooperative or a combination of these types of vehicles, or a commercial agreement;
- Advice on board structures in the context of applicable corporate governance codes;
- Drafting of organisational documents such as rules and regulations, for management, supervisors, members and shareholders.
The files are managed by a team of dedicated and specially trained paralegals and support staff, in cooperation with you. All relevant documents and details are immediately and reliably available by you and by us time- and cost-efficiently. This allows you rapidly and easily to incorporate or relocate companies within the group or to prepare for divestments, and allows us to provide a tailor-made service to you, immediately and with all relevant client-specific knowledge.