The new sanctions regime: where is your armour?

41A, avenue J.F. Kennedy
2082 Luxembourg
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14 Mar


The sanctions regime introduced in the context of the UCITS V transposition applies to a much broader range of breaches or weaknesses in a fund’s or management company’s organisation. Other actors such as the depositary, the liquidator, directors, conducting officers and any entity involved in the activities of the fund may be impacted as well. The objective of this course is to give you a better understanding of the sanction regime, explain how you can protect yourself from such sanctions, be it via adequate means of prevention or, should a sanctions procedure be launched, via the appropriate procedural tools and proportionality rules.



The training is going through the various phases of a potential regulatory crisis.
- Understand the possible infractions under the law of 17 December 2010, along with practicable examples
We will also go through the various sanctions that can be imposed by the regulator and how they are likely to apply.Understand the infractions and practicable examples that could happen depending on the regulatory status of the persons concerned. We will also go through the various sanctions that can be imposed by the regulator and how they are likely to apply.
- Understand the context of the regulator’s investigationUnderstand the context of the regulator’s investigation
Understanding the circumstances and the context of a particular regulator inquiry is crucial to provide appropriate responses. We will examine the various situations that may lead to a regulatory investigation with illustrative examples.
- Design appropriate answers and reactions to regulator’s inquiries
What are the different advisable reactions depending on the circumstances and the background of the regulator’s inquiries? We will provide examples of appropriate reactions and examine a list of dos and don’ts in order to avoid becoming involved in a sanctions procedure.
- Crisis management
Contingency planning is required to avoid being taken off-guard. We provide key elements of typical contingency planning and procedures.
- Existing litigation procedures and options
We will describe the various procedural processes which can be used in Luxembourg. Also, in the course of a sanctions procedure, we describe what the appropriate means to avoid or at least minimise the weight and impact of sanctions are.
The training session will be based largely on previous experiences and practical examples and is intended to foster discussion and an exchange of views.


Philippe-Emmanuel Partsch (Partner, European and Competition Law, Arendt & Medernach),
Mathieu Scodellaro (Counsel, Investment Management, Arendt & Medernach),
Nicolas Deldime (Partner, Arendt Regulatory & Consulting).

Target Group

UCITS depositaries, Management Companies, service providers, administrators (independent or not), investors, auditors.


3,5 hours.




410 €




The new sanctions regime: where is your armour?.pdf

For any information, please contact us by e-mail at info@arendtinstitute.com

Related : Arendt Institute


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