The liability regime applicable to directors and conducting persons – specificities linked to investment funds

Objectives

• Asses the main risks incurred by directors / conducting persons
• Differentiate between liability risk and risk of sanction
• Determine the respective roles of governing bodies and senior management
• Identify duties and responsibilities of investment vehicle/Manco/AIFM
• Give practical guidance to directors / conducting persons on good practices they should adopt before and after having accepted a mandate
• Advice on means to limit liability risks.

Content

Setting the scene

• Self-managed UCITS
• UCITS having appointed a third-party management company
• Internally managed AIFs
• AIFs having appointed an external AIFM

Liability regimes

• Corporate law
• Specific liability with respect to UCIs
• Criminal / administrative sanctions (including UCITS V regime)
• Extracontractual civil liability
• Limitation of liability / discharge / compensation

Respective roles of governing bodies and senior management

Allocation of duties and responsibilities between (i) UCI board, (ii) AIFM/UCITS manco board and (iii) AIFM/UCITS manco conducting officers

Conflicts of interest

Principles of corporate governance

Practical guidance to avoid liability

Speakers

Our speakers belong to both our specialised and complementary teams, and as such cover all legal, regulatory, taxation and advisory aspects of doing business in Luxembourg. We invite you to check our training agenda where the speakers are listed on each training session.

Target Group

Board members, directors, conducting persons, …

Duration

4 hours

Language

English, French and German (customised format) 

For more information, please contact us by e-mail institute@arendt.com