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Marie-Claire ABIMANA

Marie-Claire ABIMANA

Funds Lawyer

Employed Open to opportunities
Ambitious and energetic qualified funds lawyer with a genuine interest in fund matters, and seeking to further develop career in alternative investment funds (AIFs) as well as in other related matters. I have acquired a valuable experience in structuring Luxembourg investment funds and want to pursue my career as a funds structuring lawyer of colllective investment schemes and AIFs. Highly motivated team player with an ability to prioritize work effectively and maintain a professional approach whilst working under pressure. I also enjoy working in a creative and challenging environment. A position, which is challenging requires drive, assertiveness, strategic ability and which enables me to deal with a variety of tasks in an independent manner.

Funds Lawyer

MUFG LUX MANAGEMENT COMPANY S.A., acting as an authorized Chapter 15 ManCo and AIFM for funds domiciled in the Grand-Duchy of Luxembourg, Cayman Islands and Bermuda
Since January 2018
  • Drafting and reviewing of fund's documentation for existing and new structures (UCITS, SIFs, RAIFs, Cayman Islands mutual funds)
  • Drafting and finalising Administration Agreement/Depositary Agreement/Registrar and Transfer Agency Agreement/AIFMD Depositary Agreement/AIF Management Agreement/Distribution Agreement/Investment Management Agreement/Sub-Custodian Agreement/Side Letters/Power of Attorney/Operating Memorandum/Service Level Agreements/Trustee Deeds/Supplemental Trust Deeds
  • Drafting and finalising the 2002 ISDA Master Agreements and its Schedule and the 2016 CSA (VM) for OTC derivatives not cleared by CCPs under EMIR Margin Rules (EU) Regulation 2016/2251
  • Filing Form W-8BEN-E and FATCA & CRS Entity Self-Certification Form
  • Implementing the GDPR with the assistance of an external law firm by finalising the (Investor Privacy Notice, Employee Privacy Notice, Third Party Privacy Notice, GDPR Procedures)
  • Liaising with local supervisory authorities (e.g CSSF), auditors and any other counterparties
  • Participating in internal project group on implementation of applicable laws and regulations
  • Performing the gap analysis of the newly CSSF Circular 18/698 on the authorisation and organisation of investment fund managers by highlighting the impacts on the management company
  • Working closely with compliance, risk management and portfolio management's teams to ensure proper compliance with management company's duties towards the CSSF
  • Performing the regulatory watch by identifying, analysing and evaluating specific impacts of new regulations on the management company's activity
  • Supporting compliance and tax activities
  • Liaising with the trustees representing mutual funds managed by the management company
  • Support on an ad hoc basis to corporate secretary matters
  • Organising and attending conference calls with clients on various related funds issues

Senior Legal Adviser

SMBC Nikko Bank (Luxembourg) S.A.
Since December 2015
Full-time
Luxembourg
  • Drafting and finalising prospectus and offering memorandums of Luxembourg domiciled funds (Part II funds of the amended 2010 Law) and of Cayman Islands mutual funds regulated by the Cayman Islands Monetary Authority (CIMA)
  • Drafting and finalising Central Administration Agreement/Custodian Agreement/Registrar and Transfert Agency Agreement/AIFMD Depositary Agreement/Sub-Custodian Agreement/Side Letters/Power of Attorney
  • Drafting and finalising the 2002 ISDA Master Agreements and its Schedule and the Credit Support Annex as well as the 2016 Credit Support Annex for Variation Margin
  • Implementing of compliance policies and ensuring the ongoing identification, assessment and management of compliance risks relating to the current and future activities of the Bank
  • Maintaining and implementing the risk-based compliance monitoring program
  • Performing detailed reviews of specific regulatory issues to establish the impact on internal systems and procedures
  • Participating actively in the drafting of policies and procedures, not limited to just compliance matters
  • Performing the KYC review, including complex cases by using WorldCheck as well as assessing client and country risk prior to account opening. Performing name checking and daily screening and monitoring of the Bank's transactions using COFI software
  • Performing due diligence whilst onboarding new clients/investors under the OECD "Common Reporting Standard (CRS)"/Filing FATCA & CRS Entity-Self Certification Forms for Cayman Islands mutual funds
  • Assisting and providing legal advice to the Bank's staff at all levels and support it on compliance related matters and projects, including with regards to the Anti-Money Laundering and Combating Terrorist Financing (AML/CTF), Data Protection, AIFMD, CRD IV, CRR, CRS, CSD, EMIR, FATCA, Market Abuse, MiFID II/MiFIR, QI Agreement, SFTR
  • Liaising with the "Commission de Surveillance du Secteur Financier (CSSF)" on any notifications required by the amended CSSF Circular 12/552 and any other its Circulars
  • Performing research of statutes, regulations, cases and legal updates and ensure that the affected staff are informed of the relevant legal developments
  • Completing AML/CTF Questionnaires from other bank counterparties/Completing the Wolfsberg questionnaire (2014 version)
  • Filing and completing the FATCA & CRS Entity Self-Certification and Form W-8BEN
  • Filing applications to the CSSF for new members of the Bank's Board of Directors
  • Liaising with the trustees representing mutual funds administered by the Bank as well as their management companies
  • Performing the ongoing regulatory watch by keeping new laws and regulations in a specific log and by assessing the impacts of the new regulations for the Bank

Funds Lawyer

SOCIETE GENERALE Securities Services (SGSS)
August 2013 to December 2014
Luxembourg
  • Structuring Luxembourg Undertakings for Collective Investment (i.e. UCITS, SIFs, SICARs, Part II Funds of 2010 Law, securitisation vehicles, AIFs) and drafting their prospectus or offering documents as well as Key Investor Information Documents (KIIDs)
  • Drafting and finalising/Administrative, Corporate and Domiciliary Agreement/
    Centralising Correspondent Agency Agreement/Depositary and Paying Agency Agreement/Distribution Agreement/Registrar and Transfer Agency Agreement/EMIR Reporting Delegation Agreement/Articles of Incorporation/Proxies/Minutes of Board Meetings
  • Preparation/review of the required manuals of procedures and processes (risk management process, conflicts of interests, Operations and Procedures Manual (CSSF Circular 12/546) for the approval by the CSSF
  • Updating the constitutional documents of administered funds qualifying as Alternative Investment Funds (AIFs) following the entry into force of the Law of 12 July 2013 on Alternative Investment Fund Managers (AIFMs)
  • Completing registration forms for registered/authorised AIFMs for their approval by the CSSF
  • Preparing all the required documentation by the CSSF for the approval of UCITS, SIFs SICARs, Part II Funds of the amended 2010 Law
  • Incorporating before the public notary funds administered by SGSS
  • Notification of Luxembourg funds using E-file portal (“Fundsquare”) for distribution of Class of Shares in European jurisdictions (UK, France, Germany, Belgium, Switzerland)
  • Listing Classes of Shares to the Luxembourg Stock Exchange
  • Liaising regularly with the Luxembourg financial supervisory regulator (CSSF) for the approval and rubberstamping of Luxembourg funds to be administered by SGSS and with European financial regulatory authorities
  • Attending board of directors meetings of funds administered by SGSS
  • Organising and attending conference calls with clients on various related funds issues

Contract Attorney

CLEARY GOTTLIEB STEEN & HAMILTON LLP law firm
September 2010 to June 2011
Temporary Work
Brussels
  • Electronic document review relating to a matter in connection with the fixation of the "LIBOR" following the investigations of the CFTC and the DoJ in U.S. and to a matter in connection to the "the liquidation of Funds" and working closely with the "Transfer Agency" and the "Corporate Secretary" departments in order to produce the relevant documents to the Liquidator of the funds following the complaints issued by the trustee in the "Madoff" case.

Funds Lawyer

LEONARD DE VINCI (LDV) GROUP, a Paris-based real estate investment company specialized in promoting and setting up closed-ended "real estate property funds" registered under Luxembourg company law
April 2007 to December 2009
Full-time
Paris
  • Assisting the Head of the legal department in launching and modifying UCIs to be submitted to the CSSF
  • Managing launches, mergers and liquididations of UCIs in accordance with legislation in force
  • Drafting and reviewing offering documents (i.e. "Private Placement Memorandum"(PPM) and prospectus)underpinning the creation of closed-ended "real estate property funds" registered under Luxembourg law
  • Drafting and finalizing agreements with funds' service providers such as (custodian agreement, administrative agent agreement, registrar agreement, distribution agreement)
  • Drafting and finalising contracts in English i.e. "Investment Management Agreements" as well as "Local Investment Advisory and Asset Management Agreements"/"Subordinated Loan Agreements"/"Joint Venture Agreements"/"Assignment Agreements"
  • Formation and incorporating LDV Group's subsidiaries in European jurisdictions e.g. Luxembourg, Belgium, Switzerland, Germany, Poland, Turkey, Czech Republic
  • Liaising with regulatory authorities and working closely with foreign lawyers dealing with legal matters affecting LDV Group's subsidiaries i.e. "Special Purpose Vehicles" (SPV) registered in other foreign jurisdictions
  • Participating in meetings in connection with any "Investments Opportunities" under contemplation in other foreign jurisdictions/Setting up an "Electronic Data Room" designed to divest assets pertaining to a property fund/Notarization of documents for use in countries where notarization is compulsory

Lawyer

UGC SA
August 2004 to December 2006
Temporary Work
Neuilly sur Seine
France
  • Preparation of a "Data Room” relating to the sale of one of UGC's subsidiary
  • Proofreading documents in connection with the "Data Room" as well as collating and preparing its bundles files/Receiving bidders interested in viewing the documentation of the “Data Room”
  • Preparation of the "Share Purchase Agreement and Its annexes"
  • Performing different assignments such as ”drafting legal documents” e.g. commercial leases/loan agreements
  • Notices for Renewal or Termination of leases/doing legal research
  • Assisting the Head of the Legal department in handling matters relating to French and UK UGC's subsidiaries such as checking the update of their incorporation and submission of their "annual reports" to the "UK Companies House"

Lawyer

UGC SA
July 2002 to July 2003
Temporary Work
Neuilly sur Seine
France
  • Hired on a fixed-term basis to handle some legal matters in connection with UK UGC's subsidiaries such as reviewing and updating the documentation relating to them e.g. their "Certificate of Incorporation" and their "Annual Reports"/Assisting the Legal Manager in handling any other legal matters

Lawyer

UGC SA
November 2001 to February 2002
Temporary Work
Neuilly sur Seine
France
  • Recruited as a lawyer in charge of a temporary work on a matter relating to Mergers & Acquisitions (Screen Advertising Companies) registered in France, Belgium and United Kingdom. I was required to travel to Belgium, where UGC has registered some of its subsidiaries in order to collect the documentation relating to them. The outcome of my work was substantiated by the redaction of a detailed report highlighting the main issues which were likely to be raised during the divestment process

Assistant Attorney

FAUCHON & LEVY law firm
January 2001 to October 2001
Full-time
Paris
  • Recruited as an assistant attorney dealing with contentious and non-contentious matters/Preparing court bundles
  • Drafting legal documents such as "Claim Form"/"Particulars of Claim Form"/"Statements of case"
  • Performing some procedural steps before French courts such as "Lodging a Claim Form"/"Issuing a Claim Form"/Preparing consultations and correspondences/Preparing updates in French Law as well as in European Union Law

Trainee Attorney

MANDEL & BOCHURBERG law firm
January 2000 to December 2000
Internship
Paris
  • Trainee attorney whose work was essentially non-contentious and focused on the preparation of cases
  • Performing different procedural steps before French courts/Doing legal research/Writing correspondences

Librarian and Researcher

UNIVERSITY OF PARIS II (Panthéon-Assas)
May 1993 to August 1999
Temporary Work
Paris
  • Researcher in charge of the "computerization" of the University’s library specialised in International Law
  • Long stays in Brussels, London, Dublin, Italy, The Hague, Luxembourg, Turkey, Thailand
  • All kinds of music with an emphasis on classical music
  • Football, Jogging (semi-marathon), Rugby, Tennis, Basket-ball
  • Action/Thriller/Comedy/Romance/Western/Sci-Fi & Fantasy

AIFMD Seminar

organised by Elvinger, Hoss & Prussen law firm, Luxembourg,

February 2014

Postgraduate Diploma in Paralegal Practice (English Law)

National Association of Paralegals, London

September 2003 to July 2004

Certificate of Aptitude for the Profession of Attorney ("Paris Bar")

CRFPA Versailles

January 2000 to December 2000

Advanced Studies Diploma in International Law

University of Paris II

October 1991 to June 1992
  • Experience in structuring funds and drafting, finalizing legal documents promptly and doing legal research as well as in French and English
  • Ability to work in a multicultural environment and handle matters with cross border ramifications
  • Well-organized, flexible at work place, adaptable, open-minded, perseverant, hard-working, client-focused and reliable person with excellent interpersonal and communication skills both oral and written
  • Ability to work alone or as part of a team and capable of taking initiatives, proactive and motivated
  • Eager to learn and be up-to-date in terms of EU Directives and the implementing Guidelines of the European Securities and Markets Authority (ESMA) supplementing EU Regulations and Directives as well as foreign legislations such as the U.S. FATCA, Dodd-Frank Act, the UK AIFM Regulations 2013 and the Swiss Collective Investment Act 2013 (CISO)/Code on Units and Mutual Funds (HK)/Cayman Mutual Funds Law
  • Good knowledge of the “EU Legislation” including the latest Regulations and Directives such as AIFMD, BMR, CRS, CSD, ELTIF, EMIR, MiFID II, MiFIR, PRIIPS, SFTR, UCITS V as well as CSSF Circulars currently regulating "Luxembourg UCIs" including the CSSF Circular 18/698
  • Windows 8,7, Windows Vista, Windows XP, LINUX ("Ubuntu 8.04 LTS")/"Concordia Litigation Software Management"/"Relativity"/”DocuMatrix 13.7 Document Review” operating systems/Microsoft Office 2010/2013