The FCA has published its final rules and guidance necessary to implement the Overseas Funds Regime (OFR).
The gateway for eligible funds to apply for recognition under the OFR is scheduled to open in September for new...more
On 14 May 2024 ESMA published its long-awaited guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines).
The Guidelines apply three months after the date of their publication on ESMA’s website...more
5/16/2024
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Markets ,
Fund Managers ,
Investment ,
SFDR ,
Sustainability ,
UCITS
The CSSF has issued a new circular (Circular 24/856) aiming to protect investors in the event of certain errors and breaches.
Circular 24/856 will enter into force on 1 January 2025 and will repeal circular 02/77....more
The text of the directive to amend the AIFMD (so-called AIFMD 2.0) was published in the Official Journal of the EU on 26 March 2024 and will enter into force on 15 April 2024.
Member States have 24 months to transpose the...more
DORA became law in December 2022 but provides for a grace period until 17 January 2025 for organisations to put in place the necessary measures to comply.
The new rules will require engagement from both an operational and...more
3/7/2024
/ Asset Management ,
Audits ,
Cryptoassets ,
Cybersecurity ,
Enforcement ,
EU ,
European Commission ,
European Supervisory Authorities (ESAs) ,
General Data Protection Regulation (GDPR) ,
New Rules ,
Penalties ,
Reporting Requirements ,
Risk Management ,
Third-Party Risk ,
UCITS
BaFin has updated and expanded its "Questions and Answers" (Q&A) on the Sustainable Finance Disclosure Regulation (SFDR) and the Regulatory Technical Standards (RTS).
In addition, BaFin published guidance on how the...more
8/23/2023
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
BaFin ,
Consumer Financial Products ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
European Securities and Markets Authority (ESMA) ,
Financial Markets ,
Guidance Update ,
National Competent Authorities (NCA) ,
Regulation Technical Standards (RTS) ,
SFDR ,
Sustainable Finance ,
UCITS
The final Trilogue meeting to discuss AIFMD 2.0 under the Swedish Presidency of the Council of the EU, scheduled for 26 June, was cancelled.
AIFMD 2.0 will not be finalised under the Swedish Presidency....more
As noted in our earlier OnPoint, on 25 November 2021, the European Commission (the Commission) adopted a package of measures that aimed to deliver on several key commitments in the 2020 Capital Markets Union action plan,...more
5/31/2023
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Capital Markets Union ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Investment ,
Liquidity Risk Management Rule ,
MiFID II ,
Reporting Requirements ,
UCITS
Background-
European regulators have begun reviewing documentation and other information in connection with implementation of the EU’s Sustainable Finance Disclosure Regulation (SFDR)1 and the Taxonomy Regulation (RTS).2 On...more
The Luxembourg government published bill of law n°8183 (the “Bill”) on 24 March 2023 that amends five existing laws on alternative investment funds (“AIFs”) and alternative investment fund managers (“AIFMs”), namely the UCI...more
3/28/2023
/ AIFM ,
AIFs ,
Annual Reports ,
Companies Act ,
CSSF ,
ELTIF ,
Liquidation ,
Luxembourg ,
New Legislation ,
Reserved Alternative Investment Funds (RAIF) ,
Shareholders ,
SICARs ,
UCIs ,
UCITS
AMF: Articles 8 and 9 SFDR should set minimum environmental standards for financial products -
On 10 February 2023 the French regulator (Autorité des Marchés Financiers (“AMF”)) published its proposals as to changes it...more
Since Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015 on European long term investment funds (ELTIF Regulation) was adopted, only a few European long-term investment funds (ELTIFs) have...more
1/18/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Borrowing Statutes ,
Conflicts of Interest ,
ELTIF ,
EU ,
European Economic Area (EEA) ,
FinTech ,
Fund of Funds ,
Long-Term Investment Funds ,
Private Funds ,
Reserved Alternative Investment Funds (RAIF) ,
Retail Investors ,
Suitability Requirements ,
UCITS
On 2 December 2022, Luxembourg’s supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF) published an FAQ that seeks to clarify certain items under the Sustainable Finance Disclosure Regulation...more
12/20/2022
/ Alternative Investment Funds ,
Consumer Financial Products ,
CSSF ,
Disclosure Requirements ,
EU ,
European Supervisory Authorities (ESAs) ,
Financial Institutions ,
Luxembourg ,
Proposed Guidance ,
SFDR ,
Sustainable Finance ,
UCITS ,
Websites
After some delay, the United Kingdom’s financial services regulator, the Financial Conduct Authority (the “FCA”) has published Consultation Paper CP 22/20 (Sustainability Disclosure Requirements (“SDR”) and investment labels)...more
11/18/2022
/ AIFM ,
Alternative Investment Funds ,
Climate Change ,
Disclosure Requirements ,
Distributors ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investment ,
Labeling ,
Marketing ,
Retail Investors ,
SFDR ,
Sustainability ,
UCITS ,
UK
This latest edition of the regulatory initiatives paper sets out at a high level the core regulatory issues that are likely to impact private fund managers in the coming months, including an overview of the key actions needed...more
9/22/2022
/ Alternative Reference Rates Committee (ARRC) ,
AML/CFT ,
Anti-Money Laundering ,
Beneficial Owner ,
CFTC ,
China ,
Climate Change ,
Commission Delegated Regulation ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Custody Rule ,
Cybersecurity ,
Digital Currency ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Economic Sanctions ,
ELTIF ,
Environmental Social & Governance (ESG) ,
EONIA ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
Financial Services Act ,
Form PF ,
FSOC ,
Fund Managers ,
Hedge Funds ,
Hong Kong ,
ICE Benchmark Administration (IBA) ,
Investors ,
Libor ,
MiFID ,
MiFID II ,
Non-Fungible Tokens (NFTs) ,
Private Funds ,
Proposed Amendments ,
Regulatory Standards ,
REIT ,
Rulemaking Process ,
Russia ,
Secured Overnight Funding Rate (SOFR) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
SFDR ,
Supply Chain ,
Temporary Permissions Regime (TPR) ,
UCITS ,
UK ,
UK Brexit ,
Ukraine
On 25 November 2021, the European Commission (the Commission) adopted a package of measures aimed to deliver on several key commitments in the 2020 Capital Markets Union (CMU) action plan. The package includes four...more
11/30/2021
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Capital Markets ,
Capital Markets Union ,
ELTIF ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Investment Funds ,
MiFIR ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
UCITS
On 23 June 2021, the French financial markets authority, the Autorité des Marchés Financiers (the AMF) announced new quarterly reporting obligations relating to (i) indemnification payments to unitholders and (ii) breaches of...more
What is the law?
Directive (EU) 2017/828 (“SRD II”), amending the Shareholder Rights Directive (2007/36/EC), came into force on 9 June 2017 [link]. SRD II introduced new transparency obligations on “institutional...more
11/16/2020
/ AIFM ,
Asset Management ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
European Economic Area (EEA) ,
European Shareholders' Rights Directive II (SRD II) ,
Institutional Investors ,
Publicly-Traded Companies ,
Shareholder Rights ,
Stakeholder Engagement ,
UCITS
What is the law/regulation?
As part of a number of regulatory initiatives being implemented in the European Union, under its action plan for financing sustainable growth, proposed amendments to AIFMD and the UCITS Directive...more
9/5/2020
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Conflicts of Interest ,
Corporate Governance ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Economic Area (EEA) ,
European Securities and Markets Authority (ESMA) ,
Management Companies ,
Popular ,
Proposed Amendments ,
Publicly-Traded Companies ,
Risk Assessment ,
Risk Factors ,
Risk Management ,
Sustainability ,
UCITS
The Autorité des Marchés Financiers (AMF) on 11 March 2020 published a doctrine (Position/Recommendation DOC-2020-03) imposing obligations on asset managers with the aim of ensuring that information they provide to investors...more
8/8/2020
/ AIFs ,
AMF ,
AMF Doctrine ,
Communication Restrictions ,
Environmental Social & Governance (ESG) ,
France ,
Investment Funds ,
Management Companies ,
New Rules ,
Shareholders ,
UCITS
18 June 2020 will mark one year since the EMIR Refit Regulation (the “EMIR Refit”) came into force.
On the same date, the reporting responsibility changes introduced by the EMIR Refit will take effect....more
6/2/2020
/ AIFM ,
AIFs ,
Derivatives ,
EMIR ,
EU ,
Financial Counterparties (FC) ,
Non-Financial Counterparties (NFC) ,
Regulatory Requirements ,
Reporting Requirements ,
SFTR ,
UCITS
Britain’s Prime Minister, Boris Johnson, secured victory in the December 2019 general election with a promise to “get Brexit done.” The UK duly left the European Union (EU) on 31 January, 2020, and the UK and the EU have...more
3/6/2020
/ AIFM ,
AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Central Bank of Ireland ,
CSSF ,
Equivalency Determinations ,
EU ,
EU-27 ,
Free Trade Agreements ,
Implementation Day ,
Ireland ,
Luxembourg ,
Member State ,
Temporary Permissions Regime (TPR) ,
Transitional Arrangements ,
UCITS ,
UK ,
UK Brexit