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Regulatory & Legal Issues

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Overview Practical information
Overview

What is it?

This certificated, three-day training focuses on regulation affecting private equity including the Alternative Investment Fund Managers Directive and standards in areas such as fundraising, fund marketing, governance and financial crime.

Grounded in Invest Europe Handbook of Professional Standards and designed by Invest Europe Professional Standards and Tax, Legal & Regulatory Committees, the course is led by industry experts. The course will help both European and non-European fund managers gain a clear understanding of the EU and international regulatory frameworks in which they operate.

Why should you attend?

After the 2008 financial crisis, European policymakers committed to ensuring that no sector or product was out of the scope of financial market regulation. The whole private equity industry - GPs and funds, LPs and investments, was and continues to be affected by the resulting legislation. It is crucial that fund managers are well-informed about what this means for them, their firms and their investors.

As the industry's representative in Brussels, Invest Europe is at the forefront of the debate over new and existing EU regulation and is ideally placed to provide this indispensable training.

The course covers:

  • Legal concerns surrounding the fundraising process, such as those linked to passporting or creating a track record. A guest speaker will describe the legal issues faced by managers and advisors when raising capital.
  • Regulatory and legal hurdles that a fund manager and advisor will tackle on a daily basis. Starting with a review of EU regulation, including AIFMD, EuVECA, CRD, ISD, MiFID, a guest speaker will share his experiences of investing, notification and disclosures, divesting, valuation, transparency and disclosure.
  • Day-to-day corporate issues including capital requirements, allocation of responsibility, remuneration, diversity, AIFM internal organisation, delegation, distributions, investor relations, performance measurement, fund winding up, management of multiple funds and US regulation such as FATCA and Dodd-Frank.
  • Attendees will also gain practical guidance on responsibilities regarding financial crimes including tax evasion, antitrust, bribery and corruption, money laundering, breaching embargoes and sanctions, fraud and whistleblowing, insider dealing and market abuse.

Who should attend?

Private equity practitioners with both operational knowledge and an understanding of the investment process, who want to expand their knowledge of changing European laws and regulations. Non-EU managers seeking to market into Europe will benefit from the regulatory training, especially looking into passporting.

The course will attract a diverse group of participants including Partners, CFOs, COOs, Compliance Officers, Investor Relations/Fundraising teams, Risk Managers, Portfolio Managers, and General Counsel.

Practical information
Venue

This training course will be held online.

Programme

TUESDAY 26 APRIL

16:00 – 16:45 Brussels (CET) Introduction

16:45 – 16:55 Brussels (CET) BREAK

16:55 – 17:35 Brussels (CET) Regulatory Overview (1)

  • Background to the EU Regulatory System
  • The European Securities and Markets Authority (ESMA)
  • Key Directives
  • Fundraising and Marketing
  • EuVECA

17:35 – 17:45 Brussels (CET) BREAK

17:45 – 18:30 Brussels (CET) Regulatory Overview (2)

  • AIFMD
  • EU Fund Manager and Non EU Fund Manager
  • Common features of national implementing systems
  • Private Placement Regimes
  • Key legal and regulatory risks
  • PRIIPs & KIDS

 

WEDNESDAY 27 APRIL

9:00 – 9:30 Brussels (CET) Fund Structuring

  • Key factors
  • EuVECA
  • AIFMD
  • Capital Requirements

9:30 – 10:10 Brussels (CET) Fund Structuring Case Study (group work)

10:10 – 10:20 Brussels (CET) BREAK

10:20 – 11:20 Brussels (CET) Fund Marketing

  • Who can I market to?
  • What must I send them?
  • Key Players
  • Key Terms
  • Practical issues

11:20 – 12:00 Brussels (CET) Fund Marketing Case Study (group work)

12.00 - 13.30 Brussels (CET) MID-DAY BREAK

13.30 - 14:30 Brussels (CET) Responsible Investment

  • Principles
  • Policy & Procedures
  • Due Diligence
  • Operations and Action Plan
  • Reporting, Transparency and Disclosure
  • UNPRI and other standards


14.30 - 15:00 Brussels (CET) Responsible Investment Case Study (group work)

15.00 - 15.10 Brussels (CET) BREAK

15.10 - 16:00 Brussels (CET) Operating a Fund

  • Important Laws
  • Transparency and Disclosures
  • Managing an Investment
  • Anti-Asset Stripping

 

THURSDAY 28 APRIL

09.00 – 09.50 Brussels (CET) Valuations & Valuations Case Study (group work)

  • Principles
  • External Valuer
  • Internal Valuations
  • Approach

9.50 – 10.00 Brussels (CET) BREAK

10.00 – 10.50 Brussels (CET) Corporate / Organisational Issues

  • AIFM Internal organisation - allocation of responsibilities
  • Depositary
  • Key appointments
  • Investor Relations
  • FATCA
  • Dodd Frank
  • Data Protection

10.50 – 11.00 Brussels (CET) BREAK

11.00 – 12.00 Brussels (CET) Conflicts of Interest & Case Study on Conflicts of Interest (group work)

  • Rules
  • Management
  • Managing multiple funds


12.00 – 14.00 Brussels (CET) MID-DAY BREAK

14.00 – 15.00 Brussels (CET) Remuneration & Case Study on Remuneration (group work)

15.00 – 15.10 Brussels (CET) BREAK

15.10 – 16.00 Brussels (CET) Financial Crime

  • Anti-Money Laundering and Anti-Terrorist Financing
  • PEP

 

FRIDAY 29 APRIL

9.00 – 9.50 Brussels (CET) Financial Crime

  • Money Laundering (Case study)
  • Embargoes and Sanctions

09.50 – 10.00 Brussels (CET) BREAK

10.00 – 10.50 Brussels (CET) Financial Crime

  • Anti-Bribery and Corruption Systems
  • Anti-Bribery and Corruption (case study)

10.50 – 11.00 Brussels (CET) BREAK

11.00 – 12.00 Brussels (CET) Financial Crime

  • Market Abuse
  • Closing remarks

 

 

Speakers

To view the speaker profiles, please click here

Accommodation

This training course will be held online.

 

Fees, method of payment and cancellation

Course Fee:

Invest Europe Members: €1,750

Non-members: €2,500

21% VAT will be added for Belgian participants

Payment:

Participants are requested to pay by cheque, banker's draft, bank transfer or credit card in EURO as shown on the Application Form. Applications sent after 26 March 2022 should be paid by credit card.

Bank transfers: should be made net of bank charges and commission to the following bank: ING Avenue Marnix 24 B-1000 Brussels

International bank transfer account number: IBAN BE33 3300 5785 0046 SWIFT/BIC: BBRUBE BB

Domestic bank transfer account number: 330-0578500-46

A copy of the bank transfer should be sent together with the application form. To avoid any confusion, participants are requested to indicate clearly their names and addresses on transfer orders and cheques. Confirmation of registration for fees and practical information will be sent after receipt of the application form and payment. For late registrations (see above), we require payment via a credit card.


Cancellation:

Cancellations can only be accepted if received (in writing) by 26 March 2022. Fees (less 20% administrative charges) will then be refunded. After this date, delegates will be liable for the full fee.

In case of cancellation, a substitution between members of the same company is still possible at any time.

Language

The working language of the course will be English.

Registration

To register for the training, the candidate should submit the registration form and proof of payment. Invest Europe maintains the right to refuse the registration if it is not accompanied by all the supporting documents.

Due to the high demand for Invest Europe Training courses, priority is given to Invest Europe members. Registrations will be handled on a first-come-first-served basis.

Any registration received after 26 March 2022 should mention a credit card number for the payment of course fees.

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