BaFin Publishes Circular on Solvency II -
Bafin published a revised draft circular on 7 December 2016 addressing Solvency II entities regulated by the BaFin which will enter into force on 1 January 2018. The draft...more
12/21/2016
/ Asset Management ,
BaFin ,
CFD Trading ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Germany ,
Investment Funds ,
Investment Management ,
Rules of Professional Conduct ,
Solvency II ,
Transparency
German Investment Fund Association Extends Rules of Conduct -
The general meeting of the German Investment Fund Association BVI (Deutscher Fondsverband) agreed to revised rules of conduct for the fund industry which will...more
11/29/2016
/ Asset Management ,
BaFin ,
EU ,
Germany ,
Insurance Industry ,
Investment Companies ,
Investment Funds ,
Loans ,
Regulatory Requirements ,
Risk Management ,
Rules of conduct ,
UCITS
Exception from the License Requirement for Investment Intermediaries in the Future Only in Case of a First Public Offer of Investment Assets (Vermögensanlagen) -
As of 31 December 2016, investment advisors and...more
10/19/2016
/ Amended Regulation ,
Asset Management ,
BaFin ,
Bonds ,
Financial Markets ,
Fund Management Companies ,
German Banking Act ,
Germany ,
Investment Adviser ,
Investment Funds ,
Licensing Rules ,
MiFID II ,
MiFIR ,
Public Offerings
BaFin Plans to Prohibit Retail Distribution of Credit-Linked Notes -
BaFin announced on its website that the regulator intends to prohibit the marketing, distribution and sale of credit-linked notes...more
BaFin, the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) last year eased its administrative practice with respect to loan origination and loan restructuring activities of...more
7/12/2016
/ AIF ,
AIFM ,
BaFin ,
Direct Lending ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Germany ,
Investment Funds ,
Investment Management ,
Loan Origination Funds ,
Member State ,
Risk Management
General Administrative Act to Ensure Legal Certainty for Netting Agreements in the Scope of German Insolvency Law -
As of June 9th 2016 BaFin issued a General Administrative Act to ensure legal certainty for netting...more
Latest Investment Fund Statistics for Germany -
The German Investment Fund Association BVI has issued its latest investment statistics report dated 29 February 2016, giving an overview of the net assets and net sales...more
The European Securities and Markets Authority (“ESMA”) published its opinion on 11 April 2016 on the necessary elements for a harmonised European framework for loan origination by funds (the “Opinion”). The Opinion is issued...more
Investment Statistics as of 31 January 2016 -
The German Investment Fund Association BVI issued its latest investment statistics report dated 31 January 2016, giving an overview of the net assets and net sales within the...more
German Federal Government Passes Draft Bill to Amend Financial Market -
The German federal government passed the draft bill to amend financial market laws on 6 January 2016 (“Erstes Finanzmarktnovellisierungsgesetz”,...more
BaFin Issues Announcement on Fair Treatment of Investors -
BaFin issued an announcement on the fair treatment of investors with regard to information on portfolio data on 13 November 2015. According to the German...more
BaFin Circular on Crowdlending -
BaFin issued a circular on 9 October 2015 on crowdlending capital raising structures. The circular addresses, inter alia, whether crowdlending structures are subject to a license...more
Implementation of the European Transparency Directive 2013/50/EU in Germany -
All market participants investing in German stocks and other equity shares with voting rights traded on an exchange will be subject to new...more
10/9/2015
/ AIF ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
BaFin ,
EU ,
EU Transparency Directive ,
European Securities and Markets Authority (ESMA) ,
Germany ,
Investment Adviser ,
Investment Funds ,
UCITS
BaFin Publishes Form for the Notification of the Intention to Manage EU AIF’s -
The BaFin published a form on 5 August 2015 for the notification procedure for a German AIFM to manage EU AIFs established in another Member...more
Finance Ministry Proposes Changes to German Fund Taxation -
The draft bill proposed by the Finance Ministry for discussion purposes contains significant changes to the German tax environment regarding funds and...more
German Federal Council Passes Retail Investors Protection Act -
The German Federal Council approved the Retail Investors Protection Act on 12 June 2015 which will enter into force in the near future. The Act is designed...more
BaFin Issues New Guidance on Debt Funds -
The German Financial Supervisory Authority, BaFin, made a significant change to its administrative practice on 12 May 2015 regarding loan originating and loan restructuring...more
UCITS: New KIID Q&A -
ESMA published revised Q&A’s on the KIID on 26 March 2015. The Q&A includes a new question on the treatment of past performance information in case of fund mergers....more
4/28/2015
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
EMIR ,
EU ,
European Securities and Markets Authority (ESMA) ,
Fund Managers ,
Investment Funds ,
Memorandum of Understanding ,
MiFID II ,
Money Market Funds ,
Shadow Banking ,
Singapore ,
Swaps ,
UCITS
German Investment Fund Statistics -
In March 2015, the German Investment Fund Association BVI issued its latest investment statistics report as of 31 January 2015, giving an overview of the net assets and net sales...more
EMIR: Non-Deliverable FX Forwards and Interest Rate Swap Clearing -
Non-deliverable FX forwards -
ESMA confirms that EMIR clearing requirements will not apply to non-deliverable FX forwards, though reserves its...more
4/2/2015
/ Benchmarks ,
Capital Markets ,
Crowdfunding ,
EMIR ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
FX Forwards ,
Interest Rates ,
Investment Funds ,
MiFID II ,
Swap Clearing
Federal Ministry of Finance Guidance on Tax for Closed-Ended AIFs -
The Federal Ministry of Finance has issued guidance on 12 February 2015 that broadens the favorable tax regime for investment partnerships applicable to...more
3/17/2015
/ AIFM ,
AIFs ,
Amended Legislation ,
BaFin ,
Corporate Taxes ,
Foreign Investment ,
Germany ,
Investment Funds ,
Investment Partnerships ,
Investor Protection ,
Investors ,
Retail Market ,
Stock Corporations
The Investment Ordinance (Anlageverordnung – “Investment Ordinance” or “AnlV”), as recently amended and as discussed in more detail below, applies to the investments and the asset allocation of insurance companies and pension...more
EU Passes New Council Directive to Implement “EU-FATCA" -
The Council Directive passed by the EU on 1 December 2014 implements the OECD’s Common Reporting Standard (CRS) in Europe. The Directive has to be implemented...more
3/10/2015
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Benchmarks ,
CCPs ,
EIOPA ,
EMIR ,
ETFs ,
EU ,
European Securities and Markets Authority (ESMA) ,
FATCA ,
Insolvency ,
Investment Funds ,
MiFID II ,
Money Market Funds ,
Regulatory Agenda ,
Sovereign Debt ,
Swap Clearing ,
Swaps ,
UCITS
AIFMD – FCA Publishes Information to Assist Alternative Investment Fund Managers with Annex IV Reporting -
New FCA Q&As on GABRIEL for Annex IV reporting: On 20 January 2015, the FCA published a new Q&As document to...more
ICAV Update - Bill Passed by Lower House of Parliament:
On 28 January 2015, the lower house of the Irish Parliament, the Dail, approved the draft legislation, including various amendments recommended during the Report...more