Real estate alternative investment companies in corporate form, known as collective investment companies, have become increasingly important in the national asset management market. Although these companies are public limited companies, they can opt for one of two forms of management: self-management, in which the management and administration are carried out by the governing bodies themselves, or heteromanagement, in which they appoint a third party, the management company, to carry out these functions. In this study, we intend to take a closer look at these entities, by analysing the legislation applicable to them and the differences in their respective regimes, which differ in particular in terms of duties and obligations and, consequently, in terms of the liability regime applicable to them, in order to try to find out whether they justify the current organisation of the national market. Regardless of the type of management chosen, however, the holders of this position are obliged to behave in such a way as to ensure the protection of the legitimate interests of the participants, in accordance with the dictates of good faith, market efficiency and high standards (applicable to a prudent and orderly manager) of diligence, loyalty and transparency. Finally, given the asymmetry of information between the company and the participants, the legislator has created a set of rights and obligations for each of the market players, with the aim of protecting the participants, a fundamental principle of asset management.
Date of Award | 10 Sept 2024 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Daniela Baptista (Supervisor) |
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- Collective investment company
- Self-management
- Heteromanagement
- Management company
- Participants
- CMVM
- Mestrado em Direito e Gestão
SIC autogerida vs SIC heterogerida: estudo comparativo
Martins, J. F. D. A. (Student). 10 Sept 2024
Student thesis: Master's Thesis