Der aktuelle Stand im EU-Normgebungsverfahren -
Der Europäische Rat hat am 6. November 2023 seine mit Spannung erwartete finale Fassung des Beschlusstextes zur Änderung der AIFMD- und der OGAW-Richtlinie (AIFMD II) in...more
BaFin has updated and expanded its "Questions and Answers" (Q&A) on the Sustainable Finance Disclosure Regulation (SFDR) and the Regulatory Technical Standards (RTS).
In addition, BaFin published guidance on how the...more
8/23/2023
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
BaFin ,
Consumer Financial Products ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
European Securities and Markets Authority (ESMA) ,
Financial Markets ,
Guidance Update ,
National Competent Authorities (NCA) ,
Regulation Technical Standards (RTS) ,
SFDR ,
Sustainable Finance ,
UCITS
On 5 July 2023, BaFin, Germany's financial supervisory authority, outlined its sustainable finance strategy (the Strategy). The Strategy focuses on five areas that BaFin views as key to supporting the transition to a more...more
The final Trilogue meeting to discuss AIFMD 2.0 under the Swedish Presidency of the Council of the EU, scheduled for 26 June, was cancelled.
AIFMD 2.0 will not be finalised under the Swedish Presidency....more
As noted in our earlier OnPoint, on 25 November 2021, the European Commission (the Commission) adopted a package of measures that aimed to deliver on several key commitments in the 2020 Capital Markets Union action plan,...more
5/31/2023
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Capital Markets Union ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Investment ,
Liquidity Risk Management Rule ,
MiFID II ,
Reporting Requirements ,
UCITS
This OnPoint summarizes the panel discussion at Dechert’s annual investment funds conference that took place in Luxembourg in the last quarter of 2022. At the conference, we discussed the Regulation on the Markets of Crypto...more
1/27/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Alternative Trading System (ATS) ,
Broker-Dealer ,
CFTC ,
Cryptoassets ,
Digital Ledger Technology ,
Enforcement Actions ,
EU ,
European Commission ,
European Parliament ,
European Securities and Markets Authority (ESMA) ,
FinCEN ,
FSOC ,
Howey ,
Investment Funds ,
MiFID ,
Prospectus Regulation (PR3) ,
Rulemaking Process ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Stablecoins
Since Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015 on European long term investment funds (ELTIF Regulation) was adopted, only a few European long-term investment funds (ELTIFs) have...more
1/18/2023
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Borrowing Statutes ,
Conflicts of Interest ,
ELTIF ,
EU ,
European Economic Area (EEA) ,
FinTech ,
Fund of Funds ,
Long-Term Investment Funds ,
Private Funds ,
Reserved Alternative Investment Funds (RAIF) ,
Retail Investors ,
Suitability Requirements ,
UCITS
On 2 December 2022, Luxembourg’s supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF) published an FAQ that seeks to clarify certain items under the Sustainable Finance Disclosure Regulation...more
12/20/2022
/ Alternative Investment Funds ,
Consumer Financial Products ,
CSSF ,
Disclosure Requirements ,
EU ,
European Supervisory Authorities (ESAs) ,
Financial Institutions ,
Luxembourg ,
Proposed Guidance ,
SFDR ,
Sustainable Finance ,
UCITS ,
Websites
Commission Delegated Regulation (EU) 2022/1288, setting out the regulatory technical standards (RTS) to be used by financial market participants (FMPs) when disclosing sustainability-related information under the Sustainable...more
12/14/2022
/ Adverse Impact ,
Climate Change ,
Commission Delegated Regulation ,
Disclosure Requirements ,
EU ,
EU Benchmark Regulation ,
European Supervisory Authorities (ESAs) ,
Financial Adviser ,
Financial Markets ,
Financial Products ,
Greenwashing ,
Investment ,
Regulation Technical Standards (RTS) ,
Reputational Injury ,
SFDR ,
Short Selling ,
Sustainable Finance ,
Taxonomy
The Investment Firms Regulation (Regulation (EU) 2019/2033) (the IFR) and the Investment Firm Directive (Directive (EU) 2019/2034) (the IFD) established a prudential framework for investment firms that are authorised under...more
The German Financial Regulator, ("BaFin"), published guidance ("Guidance") on 5 September 2022, that provides some further clarity on various questions on the Sustainable Finance Disclosure Regulation ("SFDR"). BaFin has...more
10/5/2022
/ BaFin ,
Data Collection ,
Environmental Social & Governance (ESG) ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Financial Markets ,
Financial Products ,
Financial Regulatory Agencies ,
Germany ,
MiFID ,
New Guidance ,
SFDR ,
Sustainable Finance ,
Taxonomy
The new German Regulation on Crypto Fund Units (Verordnung über Kryptofondsanteile – KryptoFAV) introduces the possibility to issue units of German investment funds digitally as so-called Crypto Fund Units. ...more
Commission Delegated Regulation (EU) 2022/1288, setting out the regulatory technical standards (RTS) to be used by financial market participants (FMPs) when disclosing sustainability-related information under the Sustainable...more
A brief recap – ESAs’ January 2021 letter to the EU Commission, EU Commission response and adoption of RTS
Signed by the European Parliament and the Council of the European Union on 27 November 2019 and published in the...more
Summary -
On 6 April 2022, the European Commission announced that is has adopted the regulatory technical standards to be used by financial market participants when disclosing sustainability-related information under the...more
4/8/2022
/ Corporate Governance ,
Disclosure Requirements ,
EU ,
European Commission ,
Financial Markets ,
Financial Regulatory Reform ,
Financial Services Industry ,
Market Participants ,
New Regulations ,
RTS ,
SFDR ,
Sustainable Finance
ESMA published on February 2, 2022, a supervisory briefing (ESMA35-43-2900) setting out its expectations under the MiFID II framework for firms that use tied agents (the Briefing). ...more
In a letter dated 25 November 2021, the European Commission’s Director-General for Financial Stability, Financial Services and Capital Markets Union (the Director-General) confirmed that the date of application of the...more
A brief recap - ESAs' letter to the EU Commission January 2021 On 7 January 2021 – less than eight weeks before the Sustainable Finance Disclosure Regulation (SFDR)1 ‘go live’ date – the Chair of the Joint Committee of the...more
On August 2, 2021, a new pre-marketing regime for alternative investment funds (AIFs) promoted and distributed in Germany will come into force with the Fund Domicile Act making changes to the German Capital Investment Code....more
In this OnPoint we will look at some of the upcoming German legislative initiatives that will impact asset managers and financial services providers in Germany and abroad. We will cover the following items: Fund Domicile...more
Introduction -
On 10 March 2021, the main operative provisions of the Sustainable Finance Disclosure Regulation (2019/2088) (SFDR) began to apply. However, rather than marking the end of the ESG journey, it is just the...more
6/28/2021
/ Capital Markets ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Green Finance ,
Investment ,
Investment Management ,
Sustainability ,
Sustainable Finance
On 4 February 2021, less than six weeks before the 10 March 2021 date on which the main operative provisions of the Sustainable Finance Disclosure Regulation (SFDR) start to apply, the European Supervisory Authorities (ESAs)...more
A brief recap -
The main operative provisions of the Sustainable Finance Disclosure Regulation (SFDR) will apply from 10 March 2021. The SFDR included provisions requiring the European Supervisory Authorities (ESAs) to...more
What is the law?
Directive (EU) 2017/828 (“SRD II”), amending the Shareholder Rights Directive (2007/36/EC), came into force on 9 June 2017 [link]. SRD II introduced new transparency obligations on “institutional...more
11/16/2020
/ AIFM ,
Asset Management ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
European Economic Area (EEA) ,
European Shareholders' Rights Directive II (SRD II) ,
Institutional Investors ,
Publicly-Traded Companies ,
Shareholder Rights ,
Stakeholder Engagement ,
UCITS
What is IORP II?
Directive (EU) 2016/2341 on the activities and supervision of institutions for occupational retirement provision, widely referred to as IORP II, sets out minimum harmonization rules for financial...more
10/20/2020
/ Collective Investment Schemes ,
Environmental Social & Governance (ESG) ,
EU Directive ,
IORP II ,
Managers ,
Member State ,
Pensions ,
Retirement ,
Retirement Funds ,
Risk Management ,
Social Security