The final text of the amendments to the EU Alternative Investment Fund Managers Directive (AIFMD)—known as “AIFMD II”—was published in the Official Journal of the European Union on March 26, 2024, and will enter into force on...more
As previously notified, the European Commission has revised rules to permanently lower the initial net short position reporting threshold from 0.2 per cent to 0.1 per cent under the EU Short Selling Regulation (EU SSR) and...more
1. Overview The new rules on the promotion of funds introduced by the new Cross-Border Distribution of Collective Investment Undertakings Directive and Regulation (Cross-Border Distribution of Funds (CBDF) Rules) are due to...more
6/29/2021
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Cross-Border ,
EU ,
European Securities and Markets Authority (ESMA) ,
Fund Managers ,
Investment Management ,
Investors ,
Marketing ,
Member State ,
National Private Placement Regimes (NPPR)
The European Supervisory Authorities (ESAs) have published the draft Regulatory Technical Standards (“Taxonomy RTS”) on product-level disclosures that apply to funds or portfolios that promote or make environmentally...more
The European Securities and Markets Authority (ESMA) has announced that the temporary lower net short position reporting threshold of 0.1 percent under the EU Short Selling Regulation (SSR) with respect to shares traded on an...more
The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have published a Consultation Paper1 with proposed changes to the secondary rules regarding margin requirements applicable to non-centrally...more
The European Supervisory Authorities (ESAs) have published a Supervisory Statement to clarify the application of the Sustainable Finance Disclosure Regulation (SFDR) in anticipation of the requirements applying in the...more
The European Supervisory Authorities (ESAs) have published the final draft of the Regulatory Technical Standards (RTS) under the EU Sustainable Finance Disclosure Regulation (SFDR), which set out the detailed disclosure...more
Whether preparing or reviewing Environmental, Social, and Governance (ESG) disclosures for compliance with regulatory requirements in the EU, the United Kingdom (UK) or the United States (US), or for alignment with ESG best...more
12/30/2020
/ Climate Change ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Popular ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Sustainable Finance ,
UK
In response to the unprecedented circumstances caused by the COVID-19 pandemic, the EU and the UK temporarily lowered the reporting threshold under the EU Short Selling Regulation (“EU SSR”) for net short positions in shares...more
1. New EU and UK disclosure requirements -
The new disclosure requirements for investment managers and advisers with respect to their environmental, social and corporate governance (ESG) policies will apply in the European...more
11/25/2020
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Green Finance ,
Investment Management ,
MiFID II ,
Popular ,
SFDR ,
Shareholder Rights ,
Sustainable Finance ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
UCITS ,
UK
On 10 June 2020, the European Securities and Markets Authority (ESMA) renewed its decision to temporarily require holders of net short positions in shares traded on a European Union regulated market to notify the relevant...more
On 18 May 2020, the European Securities and Markets Authority (ESMA) announced the non-renewal of the emergency restrictions on short selling and similar transactions by the Finanzmarktaufsicht (FMA) of Austria, the Financial...more
The European Securities and Markets Authority (ESMA) has confirmed the renewal of the emergency restrictions on short selling and similar transactions by the Finanzmarktaufsicht (FMA) of Austria, the Financial Securities and...more
4/17/2020
/ AMF ,
Austria ,
Belgium ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Instruments ,
Financial Markets Authority (FMA) ,
France ,
FSMA ,
Greece ,
Short Selling ,
Spain
The Financial Conduct Authority (FCA) has confirmed that it has adjusted its systems to facilitate reporting in accordance with the decision of the European Securities and Markets Authority (ESMA) of 16 March 2020 to...more
BaFin, the German financial regulator, issued on 19 March 2002 a clarification statement confirming that the recent prohibitions on establishing and increasing net short positions imposed by the European Union regulatory...more
Further bans on all types of short selling have been extended by financial regulators in Austria, Belgium, France, Greece, Italy and the UK (in respect of the shares identified by the Spanish and Italian regulators) and now...more
3/19/2020
/ AMF ,
Capital Markets ,
CONSOB ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Conduct Authority (FCA) ,
Financial Instruments ,
Financial Markets ,
Financial Markets Authority (FMA) ,
FSMA ,
Short Selling
Following on from Friday’s temporary prohibitions on short selling, Belgium, France, Italy, Spain and the U.K. have announced temporary prohibitions on short selling of specified shares exercising the exceptional powers...more
The European Securities and Markets Authority (ESMA) has yesterday, March 16, 2020, issued a decision to temporarily lower the net short position notification threshold under the European Union Short Selling Regulation from...more
As a result of the disruption experienced in a number of markets, the UK Financial Conduct Authority (FCA), the Italian securities regulator (Commissione Nazionale per le Società e la Borsa (CONSOB)) and the Spanish...more
The European Commission has clarified in a letter to the Alternative Investment Management Association (AIMA) published on February 10, 2020, further to AIMA’s request for clarification, that the requirement to report...more
At 11:00 p.m. U.K. time on 29 March 2019 the United Kingdom is expected to leave the European Union (“BREXIT Day”). The below timeline sets out milestones in the lead up to BREXIT Day, and thereafter. Please note that there...more
On 28 June 2017, the Financial Conduct Authority (FCA) published the Asset Management Market Study Final Report (the “Asset Management Review”) as well as a Consultation Paper setting out some proposed changes to the FCA’s...more
7/3/2017
/ AFMs ,
Asset Management ,
Comment Period ,
EU ,
Financial Conduct Authority (FCA) ,
Independent Director ,
Investment Funds ,
Investors ,
Public Comment ,
Senior Management Regime (SMR) ,
UCITS ,
UK
Regulation (EU) 2015/2365, the Securities Financing Transactions Regulation (SFTR), imposes a number of requirements on EU fund managers (see the previous Akin Gump client alert on SFTR, The New Securities Financing...more
Earlier today, the High Court of Justice ruled that the U.K. government does not have the constitutional capacity to trigger the U.K.'s withdrawal from the European Union without further primary legislation being passed. This...more