Gibraltar Funds Gain Preferential Access Rights To German Market

The German financial regulator (BaFin) has recently adopted a reciprocal private placement policy the effect of which is that where German funds not within scope of AIFMD are allowed to be privately placed into other EU member states, corresponding funds from such EU member states may be privately placed into Germany on an expedited basis.

Hassans has taken a leading role in the drafting of a new private placement regime for Gibraltar, in part to satisfy BaFin's requirements to gain reciprocal rights, and has acted for the first Gibraltar fund to gain approval from BaFin to privately place into Germany on a reciprocal rights basis.

Gibraltar now has a private placement regime which meets BaFin's requirements for reciprocal rights treatment. As German funds can be readily marketed into Gibraltar on a private placement basis, so Gibraltar funds can be privately placed into Germany under this preferential procedure. This applies to Gibraltar funds that are not within