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European Union European Undertakings for Collective Investment in Transferable Securities

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Proskauer - Regulatory & Compliance

The “Retailisation” of Private Funds – Key Considerations for Private Fund Managers

The “retailisation” of private funds has been one of the industry’s most significant trends in recent years, with fund managers seeking sources of capital beyond their usual institutional, professional and sophisticated...more

A&O Shearman

European Securities and Markets Authority Consults on Liquidity Management Tools for Funds

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The European Securities and Markets Authority has published for consultation draft regulatory technical standards and guidelines relating to liquidity management tools under the Alternative Investment Fund Managers Directive...more

A&O Shearman

Great Fund Insights: ESMA Guidelines on funds’ names: Tell me your fund name, I’ll tell you your fund strategy

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On 14 May 2024, ESMA published its final guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines). As a result, the use of certain environmental, social and governance (ESG) or...more

Proskauer - Regulatory & Compliance

The FCA’s Agenda for UK Asset Management

Background - On 23 May 2024, Ashley Alder, the Chair of the UK Financial Conduct Authority (“FCA”), delivered a speech which outlined the regulator’s agenda for the asset management sector (the “Speech”). In particular,...more

Goodwin

ESG and EU Fund Names: ESMA’s Final Guidelines

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On 14 May 2024, the European Securities and Markets Authority (ESMA) published its final guidelines ESMA34-472-440 Final Report on the Guidelines on funds names (europa.eu) on the use of ESG- or sustainability-related terms...more

Walkers

ESMA call for evidence – review of the Eligible Assets Directive

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On 7 May 2024, ESMA published its call for evidence ("CfE") on the review of the Commission Directive (2007/16/EC) on UCITS Eligible Assets ("EAD"). The CfE follows the formal request from the European Commission (the...more

Mayer Brown

ESMA publishes guidelines on establishing harmonised criteria for use of ESG and sustainability-related terms in fund names

Mayer Brown on

On 14 May 2024, the European Securities and Markets Authority ("ESMA") published its final report on "Guidelines on funds’ names using ESG or sustainability-related terms" (the "Guidelines"). The Guidelines aim to provide...more

Dechert LLP

ESMA Publishes Guidelines on Funds' Names Using ESG or Sustainability-Related Terms

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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

Akin Gump Strauss Hauer & Feld LLP

Reminder to Managers re Upcoming Changes to EMIR Reporting

The European Market Infrastructure Regulation (EMIR) data reporting requirements apply to European Union (EU) funds and EU fund managers. UK EMIR imposes reporting requirements on UK funds and UK managers. The reporting...more

Walkers

AIFMD II: Timeline to Implementation

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In March, the Council of the European Union published the Alternative Investment Fund Managers Directive (AIFMD II), aimed at harmonising the rules on delegation, reporting and liquidity management, together with bringing in...more

Proskauer Rose LLP

Regulation Round Up - March 2024

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Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more

Dechert LLP

AIFMD 2.0: What’s New? Analysis of Key Changes

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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

Cadwalader, Wickersham & Taft LLP

Liquidity Management, Loan Origination and Credit Funds under AIFMD II

I. Background and Scope - On 7 February 2024, the European Union adopted a final text amending the AIFMD and UCITS directives (AIFMD II). This memo considers what are entirely novel requirements attaching to liquidity...more

Dechert LLP

Exploring DORA’s ICT Risk Requirements: Key Issues for Asset Managers

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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

McDermott Will & Emery

Neufassung der AIFM- und UCITS- Richtlinien

McDermott Will & Emery on

Die überarbeiteten Fassungen der AIFM- und der UCITS-Richtlinie stehen fest und sollen Mitte 2024 in Kraft treten. Die Mitgliedstaaten haben dann zwei Jahre Zeit zur Umsetzung. Änderungen sind insbesondere bei den Themen...more

Dechert LLP

UK Government Deems all EEA Countries’ UCITS Regimes Equivalent Under the UK’s Overseas Funds Regime

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Operators marketing EU UCITS in the UK under the FCA’s temporary marketing permissions regime (“TMPR”) will be able to continue to do so following the expiry of the TMPR, provided they register the UCITS in question for...more

Goodwin

End of the Beginning: AIFMD II’s Final Text

Goodwin on

In our previous alert AIFMD II (Near) Final Text Agreed: What’s New? and in our recent update in our Horizon Scan, we noted that the Council of the European Union (EU) had published the final compromise amending text setting...more

Goodwin

What DORA Means for Fund Managers

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Q: What is DORA? “DORA” stands for the Digital Operational Resilience Act, an EU regulation that creates a new framework for the EU financial sector with regard to information and communications technology (ICT)....more

Walkers

Central Bank of Ireland imposes its first fine on an investment fund

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On 30 November 2023, the Central Bank of Ireland (the "Central Bank") published a public statement relating to an enforcement action against an Irish-authorised UCITS ICAV (the "ICAV") which has been reprimanded and fined...more

Dechert LLP

AIFMD - Review: Geplante Änderungen der AIFM-Richtlinie – Auswirkungen auf Kreditfonds

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Der aktuelle Stand im EU-Normgebungsverfahren - Der Europäische Rat hat am 6. November 2023 seine mit Spannung erwartete finale Fassung des Beschlusstextes zur Änderung der AIFMD- und der OGAW-Richtlinie (AIFMD II) in...more

Walkers

AIFMD II – A closer look

Walkers on

On 10 November 2023, the Council of the EU (the "Council") published the final compromise text of the political agreement (the "Agreement") for a directive1 amending the Alternative Investment Fund Managers Directive...more

Goodwin

AIFMD II (Near) Final Text Agreed: What’s New?

Goodwin on

In our previous alert AIFMD II Gathers Momentum: The European Parliament Finalises Its Proposed Text and recent update October 2023 Horizon Scan for Private Investment Funds, we noted the draft text of the Alternative...more

Walkers

Irish Quarterly Legal and Regulatory Report - Asset Management and Investment Funds July - September 2023

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Welcome to the July – September 2023 issue of our Irish Quarterly Legal and Regulatory Developments report for asset management and investment funds. This report covers key dates and developments during the quarter, such...more

Proskauer Rose LLP

Regulation Round Up - September 2023

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Welcome to the UK Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more

Walkers

Names and Claims – ESMA probes use of generic ESG terms in EU funds

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Yesterday, ESMA published a risk analysis report outlining the results of its disclosure study on ESG names and claims in the EU funds industry. ESMA utilised natural language processing ("NLP") techniques to analyse the...more

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