The liability regime applicable to directors and conducting persons : specificities linked to investment funds – October 2022

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

Francis Kass (Partner, Investment Funds, Arendt & Medernach),
Dr. Michael Daemgen (Partner, Arendt Regulatory & Consulting).

Target Group

Board members, directors, conducting persons, …

Duration

4h

Language

English

Price

€500

Point of attention

The cancelation policy stated on the bottom of our page “training agenda” applies. 

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