In the frame of an evolving and more and more complex legal, tax and regulatory environment requiring inter alia a proper functioning corporate governance structure, the governing bodies (hereinafter referred to as the “Board”) of investment entities are faced with increased challenges to ensure a decisional process in compliance with their fiduciary duties by considering in particular the interests and protection of investors, the transparency principles and the management of potential conflicts of interest. Due to the increased delegation of central tasks by investment entities to specialised service providers (e.g. alternative investment fund managers, portfolio or asset managers) the ongoing monitoring of delegated functions has become crucial for the Board to enable a proper performance of its duties.
Accordingly, the establishment of effective reporting and the holding of regular meetings of the Board have become mandatory instruments for the proper discharge of the Board’s duties and hence the management of Board liability.