Funds, PFS & Crypto

FBX Legal & Tax offers extensive expertise in investment funds and asset management, providing guidance on a wide array of legal and regulatory matters for asset management firms and investment funds. Employing an interdisciplinary approach, we assist clients in the organization, establishment, and operation of Luxembourg alternative funds, encompassing specialized investment funds (SIFs), reserved alternative investment funds (RAIFs), as well as unregulated common and special limited partnerships. Additionally, we assist in negotiating service and management agreements. Our team doesn’t just tackle legal and tax concerns; we also help investment managers and fund promoters enhance their competitiveness by structuring flexible, easy-to-administer, and cost-effective investment vehicles. We also developed a unique expertise in crypto-assets regulations and security tokens issuance.

Our firm continually evolves its practice, with recent emphasis on crypto-assets regulations for digital assets services providers and security tokens issuers. Our regulatory services include:
 

• Guiding clients in identifying suitable investment vehicles that align with their needs and objectives from marketing, regulatory, and legal standpoints.

• Connecting clients with service providers that match their requirements, including custodian banks, AIFMs, fund administrators, registrars, transfer agents, and auditors.

• MiCA regulation: Assisting clients with notification or submission of an authorization file with the CSSF with a view to the provision of crypto-assets services or the issuance of ART (asset-referenced token) or EMT (e-money token);

• Assisting in establishing alternative investment funds such as SIFs, RAIFs, SICARs, and limited partnerships (SCS & SCSp), including drafting PPMs, LPAs, aiding in fund and general partner incorporation, and regulatory filing with the CSSF.

• Facilitating the migration of offshore funds to Luxembourg.

• Providing corporate support services throughout a fund’s lifecycle, including document amendments, restructuring, and launching or closing sub-funds or share classes.

• Assisting in changing service providers.

• Assisting in listing fund shares or units on the Luxembourg Stock Exchange’s regulated or EURO MTF markets.

• Supporting fund registration in other jurisdictions, collaborating with local service providers.

• Offering advice on AIFMD-related matters.

• Advising fund promoters on domestic private placement rules for marketing their funds in Luxembourg.

• Keeping clients informed of legal and regulatory developments (e.g. ELTIF regulations).