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AIFs

Walkers

AIFMD II 101: Part 1 - Loan-Origination

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On 15 April 2024, Directive 2024/927/EU ("AIFMD II") entered into force, which marked a significant milestone for the European asset management industry. AIFMD II will introduce a harmonised framework for loan-originating...more

Goodwin

ELTIF 2.0 RTS: Second Time Lucky and A Positive Step Forward on Liquidity and Redemptions

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In our previous alerts (here and here), we noted critical feedback that the European Commission (Commission) gave to the European Securities and Markets Authority (ESMA) on its December 2023 draft Regulatory Technical...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - May 2024 #4

In this week’s edition, we look in detail at ESMA’s final guidelines on ESG and sustainability-related fund names. Staying with the regulatory guidance theme, we look at the Science Based Targets initiative’s announcement of...more

Proskauer - Regulatory & Compliance

ESMA’s Final ESG Fund Name Guidelines  

The European Securities and Markets Authority (“ESMA”) has published its Final Report on the Guidelines on funds’ names using ESG or sustainability-related terms (the “Guidelines”). ESMA was provided with the mandates to...more

Goodwin

Sustainability Disclosure Rules in the UK: Extending the FCA’s Regime to Portfolio Managers

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In our previous alert The FCA’s Sustainability Disclosure Requirements and Labelling Regime (SDR): A Flexible Regime for UK Private Fund Managers, we examined the final framework under policy statement PS23/16, on...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

Dechert LLP

AIFMD 2.0: A Focus on Existing Funds That Originate Loans (Transitional Provisions)

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AIFMD 2.0 enters into force today –15 April 2024. Member States have 24 months to transpose the provisions into national law, meaning that AIFMD 2.0 will take effect from 16 April 2026....more

Dechert LLP

New CSSF Circular on NAV Errors and Investment Rule Breaches

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The CSSF has issued a new circular (Circular 24/856) aiming to protect investors in the event of certain errors and breaches. Circular 24/856 will enter into force on 1 January 2025 and will repeal circular 02/77....more

Proskauer - Regulatory & Compliance

AIFMD 2.0 – Evolution Rather than Revolution

On 26 March 2024, the legislative package amending the Alternative Investment Fund Managers Directive 2011/61/EU (“the “AIFMD”) and (to a certain extent) the UCITS Directive was published in the Official Journal of the...more

Walkers

Central Bank issues feedback statement on CP155 and final ELTIF chapter of AIF Rulebook

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On 11 March 2024, the Central Bank of Ireland (the "Central Bank") reached a significant milestone in finalising its framework for authorisations under the revised European Long-Term Investment Funds Regulation (EU) 2023/606...more

Proskauer - Regulatory & Compliance

ELTIF 2.0 – just one month to go…

Regulation (EU) 2023/606 (“ELTIF 2 Regulation”), which will amend Regulation (EU) 2015/760 (“ELTIF Regulation”), will come into force on 10 January 2024. The original ELTIF Regulation was aimed at boosting European...more

Dechert LLP

Update on UK Cryptoasset Marketing Rules: What Do Firms Need to Do by 8 October?

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From 8 October, firms wishing to make a “financial promotion” relating to a “qualifying cryptoasset” can only do so legally if: The financial promotion is communicated by an FCA- or PRA-authorised person....more

Dechert LLP

Luxembourg Publishes Bill of Law Aimed at Modernization of Product Laws Including Part II AIFs

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The Luxembourg government published bill of law n°8183 (the “Bill”) on 24 March 2023 that amends five existing laws on alternative investment funds (“AIFs”) and alternative investment fund managers (“AIFMs”), namely the UCI...more

Walkers

Central Bank Industry Letter on Fund Costs and Fees

Walkers on

On 24 March 2023, the Central Bank of Ireland (the "Central Bank") published its industry letter (the "Industry Letter") setting out its own findings and expectations following its review of the costs and fees charged to...more

Proskauer Rose LLP

Greenwashing – Proposed Clampdown on Fund Names

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On 20 February 2023, the European Securities and Markets Authority’s (“ESMA”) consultation paper (ESMA34-472-373) “Guidelines on funds’ names using ESG or sustainability-related terms” (the “Consultation”) closed to comments....more

Dechert LLP

European Commission report on securitisation regulation says EU investors may not invest in securitisations if the sell-side...

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On 10 October 2022, the European Commission (the “Commission”) published a long-awaited report on the Securitisation Regulation (the “Commission Report”). Among other things, the Commission Report responded to a request by...more

King & Spalding

Der „Artikel 6-Immobilienfonds”, die Schmutzgrenze bei nachhaltigen Investments oder wohin mit den alten Immobilien?

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Spätestens seit die Verordnung (EU) 2019/2088 („Offenlegungsverordnung“ oder „SFDR“) am 10. März 2021 in ihren ersten Teilen in Kraft getreten ist, sind sogenannte „Artikel 8-Fonds“ und „Artikel 9-Fonds“ in aller Munde. Die...more

Morrison & Foerster LLP

EMIR 2020-21 Update: REFIT, Benchmarks, Brexit, And Beyond

A recap of the key updates to the regime established by Regulation (EU) No 648/2012 of the European Parliament and of the Council of July 4, 2012 on OTC derivatives, central counterparties, and trade repositories (the...more

Foley & Lardner LLP

Brexit: FCA Reminder of December 30 Deadline To Avail Oneself of a Temporary Marketing Permission

Foley & Lardner LLP on

As the UK approaches a “no deal” exit from the EU, the FCA has issued to the Luxembourg CSSF (and thus to all of us) a reminder that the window of time to access the UK’s temporary regime to market alternative investment...more

Hogan Lovells

Funds and asset management regulatory news, November 2020 # 2

Hogan Lovells on

Performance fees in UCITS and certain types of AIFs: ESMA guidelines - The European Securities and Markets Authority (ESMA) has published the official translations for guidelines on performance fees in UCITS and certain...more

A&O Shearman

ESMA guidelines in respect of performance fees in UCITS and certain types of AIFs

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In its Report, ESMA stressed the lack of harmonisation between member states of the European Union with respect to performance fee structures, as well as the circumstances under which performance fees may be paid by...more

Dechert LLP

The Central Bank’s CP86 Day of Reckoning – What You Need To Know

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For many in the Funds Industry, the issue on 20 October 2020 of the Central Bank of Ireland’s (the “Central Bank”) Industry Letter (the “Industry Letter”) relating to the Central Bank’s Thematic Review of Fund Management...more

Dechert LLP

AMF Doctrine Alert: Changes to the doctrine

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The Autorité des Marchés Financiers (AMF) on 11 March 2020 published a doctrine (Position/Recommendation DOC-2020-03) imposing obligations on asset managers with the aim of ensuring that information they provide to investors...more

Orrick, Herrington & Sutcliffe LLP

FIA chiusi riservati e proposta di modifica del regolamento sulla gestione collettiva del risparmio in consultazione: stop al...

La proposta - In data 30 luglio 2020, la Banca d’Italia ha avviato una consultazione pubblica sulle modifiche da apportare al “Regolamento sulla gestione collettiva del risparmio”....more

McDermott Will & Emery

Bank of Italy Proposes Amendment to Regulation on Collective Asset Management

On Thursday 30th July 2020, the Bank of Italy released a consultation paper containing some proposed amendments to the Regulation on Collective Asset Management. It is worth noting that the Bank of Italy is proposing to...more

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