Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles. Issue 7, 2018 - European Union Developments

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AIFMD – further memoranda of understanding ("MoUs") signed

On 11 September, ESMA updated its table of MoUs signed by the EU authorities. Croatia and Slovenia have still to sign an MoU.

Read: The table

MIFID II – new product governance guidelines

On 31 August, EMA issued new Guidelines on MIFID II product governance compliance by member states confirming that some states (e.g., Spain), intend to comply by Q4 2018.

Read: The new table

Other – binary options still banned, new technology recognised and report on relationships between the EU and third countries highlights "equivalence" regime

ESMA renewed the prohibition on 24 August, on binary options for a further three months.

Read: The associated press release

Steven Maijoor, Chair, ESMA, gave a speech on 19 September emphasising that ESMA is still sympathetic to new technologies within and beyond capital markets.

Read: The speech

Read: The associated press release

The European Parliament issued a report on 29 August on relationships between the EU and third countries concerning financial services regulation and supervision, emphasising the need for further scrutiny of and possible reform to the "equivalence" provisions in various EU directives.

Read: The report

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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