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MOLITOR's Investment funds practice

MOLITOR’s investment funds experts advise on a vast range of investment funds-related matters and are abreast of all the latest regulatory changes.

Our team provides responsive and innovative advice and offers the full range of legal and regulatory services required for the establishment and management of Luxembourg funds. They have extensive experience in the drafting and negotiation of fund documentation as well as service and transactional agreements.

MOLITOR maintains close relationships with the Luxembourg supervisory authority of the financial sector, the CSSF, and is an active member of the association of the Luxembourg fund industry (ALFI).

Being an independent Luxembourg firm, MOLITOR maintains connections in all jurisdictions with high profile regulatory and tax advisors in order to provide its clients with access to global expertise on the structuring and distribution of funds.

Our top tier litigation team regularly represents sponsors and investors in complex and high stake fund-related litigation.

 

Experts in the practice:

Our services

Fund structuring and set-up

  • Advising on the structuring and establishment any type of Luxembourg investment vehicles whether regulated (SIF, SICAR, UCI, UCITS) or unregulated (including SCSp, SCS, SCA, RAIF) as well as co-investment vehicles, carried interest and staff remuneration schemes
  • Drafting fund documentation (articles of associations, limited partnerships, management regulations, private placement memorandum, prospectuses, shareholders agreements, joint venture and co-investment agreements, subscription agreements and side letters)
  • Drafting and negotiation of services agreements (including investment management or advisory agreements, central administration agreements, distribution agreements and depositary agreements)
  • Assisting with the authorization process of regulated funds

Regulatory advice

  • Providing strategic structuring advice, including in relation to AIFMD, MiFID and Brexit and assisting our clients in the setting up of regulated entities

 Ongoing corporate and regulatory assistance  

  • Legal assistance in relation to day-to-day management of funds (corporate advice regarding the fund and holding vehicles, drafting corporate approvals, amending documentation)
  • Regulatory assistance at all stages of the fund cycle (regulatory advice, liaising with the regulator on behalf of funds and management companies)
  • Advising on exit strategies and liquidation processes

Transactional work

  • Legal and regulatory assistance regarding transactions
  • Drafting and negotiating transactional agreements (including share purchase agreements, loan and loan facility agreements, pledges), issuance of legal opinions
  • Advising on and drafting documentation in relation to the merger and migration of investment funds, including regulated investment funds and management companies

Assistance to Investors

  • Fund due diligence
  • Negotiation of fund documentation and side letters
  • Advising and drafting transactional documentation in relation to secondary transactions

Pre-litigation and litigation

  • Representing fund sponsors, directors and investors in pre-litigation processes and litigation
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