"I specialise in advising investment fund entities and fund management companies on the creation and structuring of investment funds, with a particular focus on UCITS. With longstanding expertise in complex, highly regulated fund structures, I offer clients a safe pair of hands and provide them with solutions."
Education and qualifications
Josiane specialises in all types of investment fund-related matters, for both traditional and alternative funds. She advises major international fund houses and asset managers, including U.S. and Asia-based clients.
As a highly experienced and versatile funds lawyer, Josiane advises on everything from the setting up of funds, eligible investments and investment restrictions to fund mergers (both domestic and international), demergers, liquidations and restructurings.
She has particular expertise on funds set up under the Undertakings for Collective Investment in Transferable Securities (UCITS) directives. She has assisted many funds and fund management companies on the necessary requirements from successive UCITS directives.
Josiane has led some of the major fund restructurings on the market. These include:
- the acquisition by BlackRock of the exchange traded funds (ETF) business from Crédit Suisse
- the demerger of a sub-fund from a regulated structure into another regulated structure, which was innovative as demergers are generally only made between unregulated structures or by contributing to an unregulated structure
- the merger of a standalone specialised investment fund into a UCITS fund, involving a different set of applicable rules
- the re-domiciliation of a Luxembourg specialised investment fund to Switzerland and a re-domiciliation of a British Virgin Islands (BVI) company to Luxembourg, including a conversion into specialised investment fund
- providing advice on eligible assets under UCITS rules (investments into other funds, into notes and certificates (with and without embedded derivative), gold bullion securities)
Josiane was an active member of the working group of the Luxembourg Fund Association (ALFI) who put together a Frequently Asked Questions document (FAQ) on the Key Investor Information Document (KIID). She is currently helping to draft an FAQ document on issues such as suitability and product intervention arising out of the Markets in Financial Instruments Directive (MiFID II).
Josiane also participates in several fund industry groups, including those assessing know your client and anti money laundering regulations, pensions and long-term investment funds, swing pricing and on remuneration in the asset management sector.
Josiane is a regular speaker at Linklaters’ breakfast seminars, providing clients with updates on Luxembourg’s regulatory environment, and a panellist at important industry events, such as the Luxembourg fund industry’s road shows to London, Amsterdam, the U.S. and Hong Kong.
Education and qualifications
Josiane studied for a law degree at the Catholic University of Louvain-la-Neuve.
She speaks Luxembourgish, English, French and German.