Mannheimer Swartling's practice group Asset Management and Financial Regulation mainly advises fund managers, investment firms, insurance companies, stock exchanges and other financial institutions in relation to the regulatory framework applicable to asset management businesses and financial markets. The focus is AIFMD, UCITS, MiFID, MiFIR and PSD.
The regulatory framework in the financial area has been the subject of an extenstive development the last few years and the regulatory environment has become increasingly complex. A large part of the rules are drawn up at an EU-level. Nothing suggests that this development will slow down. As a consequence, the risks associated with carrying on regulated activities have increased; the market's judgement in case of non-compliance is often harsh and instant and the regulators have become more active and have been granted a wider array of sanctioning powers. We assist the firm's clients in manoeuvring in this area.
Among other things we offer advice within the following areas:
- Establishment of new fund and asset management businesses
- Authorisation and registration of fund managers under the Alternative Investment Fund Managers Act (AIFMD)
- Advice on the Securities Funds Act (UCITS)
- Authorisation pursuant to the Securities Market Act (MiFID)
- Reporting obligations under MiFIR
- Cross-border marketing of foreign funds and asset managers
- Passporting of licenses
- Advice on disciplinary proceedings
- Rules on stock exchanges and other financial markets
- Issues relating to Priip-products
- Regulatory issues relating to mergers, acquisitions and restructurings
- Advice on the Payment Services Act (PSD)