News & Analysis as of

National Private Placement Regimes (NPPR)

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

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

Proskauer Rose LLP

European Commission Publishes the Final Regulatory Technical Standards (RTS) for the Sustainable Finance Disclosure Regulation...

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On 25 July 2022, Commission Delegated Regulation ((EU) 2022/1288) (“SFDR RTS”) which supplements the Sustainable Finance Disclosure Regulation ((EU) 2019/2088) ("SFDR") and Regulation on the establishment of a framework to...more

Proskauer Rose LLP

European Commission publishes proposed amendments to the Alternative Investment Fund Managers Directive

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On 25 November 2021, the European Commission (the “Commission”) published a legislative proposal with targeted amendments to Directive 2011/61/EU (“the “AIFMD”) and (to a certain extent) the UCITS Directive (“AIFMD...more

Akin Gump Strauss Hauer & Feld LLP

Reminder to Managers of New Fund Marketing Rules in the EU

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

Proskauer Rose LLP

Breaking Down the New EU ESG Disclosure Regulation: One Month to Go

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The EU Sustainable Finance Disclosure Regulation (2019/2088) (“Disclosure Regulation” or “SFDR”) will come into force on 10 March 2021. As detailed in our update in September last year, the SFDR has a wide scope and will...more

Goodwin

Sustainable Finance In Luxembourg — What Managers Should Do Now

Goodwin on

Regulation (EU) 2019/2088 of 27 November, 2019 on sustainability-related disclosures in the financial services sector, as amended by Regulation (EU) of 18 June, 2020 on the establishment of a framework to facilitate...more

Proskauer Rose LLP

New ESG Requirements Impacting the Financial Services Industry

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In March 2021, a new European Union regime on sustainability-related disclosures in the financial sector will come into force. The Sustainable Finance Disclosure Regulation 2019/2088 (“SFDR”) contains rules regarding...more

Cadwalader, Wickersham & Taft LLP

The European Commission Publishes a Consultation on the Review of the AIFMD

On 22 October 2020, the European Commission (the Commission) published a public consultation (the Consultation) on the review of Directive 2011/61/EU on Alternative Investment Fund Managers (AIFMD). ...more

Proskauer Rose LLP

European ESG Disclosure Requirements for Asset Managers

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A new European regime on sustainability-related disclosures in the financial sector will come into force from March 2021, after first being announced in 2018 during the European Commission’s Action Plan on Sustainable...more

A&O Shearman

Key Regulatory Topics: Weekly Update 30 August 2019 - 5 September 2019

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BREXIT - Please refer to the Payment Services and Payment Systems section for an update regarding the operational implications of a “no-deal Brexit” on SCT and SDD transactions. ...more

Proskauer Rose LLP

6 Months to Brexit: Implications and Contingency Planning For Fund Managers

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Introduction - The United Kingdom ("UK") formally notified the European Union ("EU") of its intention to leave the EU under Article 50 of the EU's Lisbon Treaty in March 2017. This triggered a two-year period during which...more

Proskauer Rose LLP

Regulation Round Up - August 2017

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2 August - The UK Competition and Markets Authority announced a consultation on proposed revisions to its published guidance on penalty setting in Competition Act 1998 cases....more

Dechert LLP

So You Want to Market Funds in Europe? Rules of the Road for Accessing Capital in Europe

Dechert LLP on

Europe is the largest market for fund products after the United States. However, despite the advances of the European single market, there remains a confusing combination of pan-European and country specific rules governing...more

Goodwin

The AIFMD Passport – Extension to (Some) Non-EU Managers

Goodwin on

The European Securities and Markets Authority gives the green light to the extension of the marketing passport to major non-EU funds markets. ...more

Cooley LLP

Blog: The #AIFMD for non-EU Fund Managers: why it might soon be easier to market a Fund into the EU than it’s been so far

Cooley LLP on

At the moment, a non-EU PEVC fund manager (Fund Manager), managing a non-EU PEVC fund (Fund), can only market* that Fund in the EU if it complies with the National Private Placement Regime (NPPR) in every relevant EU country....more

Morgan Lewis

ESMA Publishes Advice on Extending the Marketing Passport Beyond Europe

Morgan Lewis on

ESMA has recommended that the AIFMD passport be extended beyond the countries within the European Union to Jersey, Guernsey, and Switzerland. On 30 July, the European Securities and Markets Authority (ESMA) sent its...more

Foley & Lardner LLP

A Compilation of Enforcement and Non-Enforcement Actions

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Non-Enforcement - Form PF — What Purpose? SEC registered investment advisers with at least $150 million of assets under management in private funds are required to periodically file Form PF with the SEC. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

"AIFMD Passport: Europe Must Try Harder"

On July 30, 2015, the pan-EU securities regulator, European Securities and Markets Authority (ESMA), published two papers covering the application of the marketing “passport” under the Alternative Investment Fund Managers...more

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