Valeska Karcher
Valeska Karcher

Valeska Karcher

Senior Associate

Valeska advises ETF/ETC/ETN clients with respect to their listings on and de-listings from German stock exchanges, on all aspects of the distribution of foreign and domestic investment funds (licensing/passporting requirements for sales units, marketing notification of foreign investment funds (AIFs and UCITS), distribution agreements, fulfillment of ongoing regulatory obligations, pre-marketing, ELTIFs) as well as on the review of fund documentation regarding compliance with provisions of KAGB, WpHG (MaComp), PRIIPs Regulation and marketing material regarding compliance with applicable laws.

Furthermore, Valeska advises banks, investment firms, management companies and EU-passported branches based in Germany on questions relating, inter alia, to securities compliance (investment advice, individual portfolio management, advice-free order execution, custody account management, creation of customer documentation (MiFID information obligations/contractual conditions/WpHG questionnaires). Valeska is also assisting on distance selling and off-premises transactions in the financial services sector, including the drafting of pre-contractual information under the German Civil Code.

Expertise

Published Work

  • RdF 2024, 8 (Herring/Karcher): Investor protection through information in the KAGB - obligation to provide information using a permanent data carrier
  • RdF 2021, 260 (Herring/Karcher): New legal regulation of the cancellation policy for financial services in relation to investment funds
  • Immobilien Zeitung, 2007 issues 34 to 36 (van Almsick/Karcher): Amendment to the Investment Act, effects for open-ended real estate funds (parts 1 to 3)
  • Journal of International Banking Law, 2002, 305 (Litten/Hoffmann): Market Price Manipulation and Forward Contracts under Germany’s Fourth Act on the Promotion of Financial Markets

Leadership Positions And Professional Affiliations

Association des Juristes Français et Allemands (AJFA)

Qualifications

Admissions

Rechtsanwältin, Germany, 2000

Assessorin, Germany, 2000

Referendarin, Germany, 1998

Academic

LL.M.

Legal French, Institut Français in Frankfurt am Main, „Certificat de français juridique de la CCIP“

Languages

English, French, German
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.