EU Publishes Final Text of ELTIF Regime

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The EU has published its final text for the proposed revision of the European Long-Term Investment Fund ("ELTIF") regime by means of the European Long-Term Investment Funds Regulation.

The ELTIF regime was originally introduced in 2015 to create a product allowing retail access to alternative investment classes including private credit, private equity and infrastructure but has seen only a modest number of launches as a result of several restrictive features of the regime (such as prohibitions on co-investments that did not allow asset managers to include ELTIFs in their private market product lines). It is hoped that the updating of the ELTIF framework will lead to a significant increase of investment into the EU economy at a time when traditional sources of financing are becoming more challenging for businesses to access.

The agreement will significantly upgrade the ELTIF product by:

  • Splitting up retail and professional ELTIFs to cater to these investor bases that have different regulatory requirements and allow institutional-only products.
  • Simplifying access to ELTIFs by retail investors while maintaining strong diversification suitability and disclosure protections.
  • Introducing greater flexibility regarding eligible assets for the ELTIF by expanding the universe to an increased range of corporate and real estate investments.
  • Introducing a framework for master-feeder ELTIFs and fund-of-funds structures.
  • Allowing ELTIFs to use prudent levels of borrowing to expand their investment potential.
  • Allowing ELTIFs to co-invest with other funds and/or accounts managed by the same investment manager.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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