On 25 June 2025, the European Securities and Markets Authority (ESMA) published its first comprehensive review of the Distributed Ledger Technology (DLT) Pilot Regime, a regulatory sandbox designed to test blockchain-based...more
7/10/2025
/ Blockchain ,
Distributed Ledger Technology (DLT) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Institutions ,
Financial Regulatory Reform ,
FinTech ,
Pilot Programs ,
Regulatory Oversight ,
Regulatory Requirements ,
Sandbox ,
Securities Regulation
In this horizon scan for private investment funds, which is aimed at managers based in Europe, we have set out the some of the principal legal and regulatory-focused developments to look out for in the coming months....more
Following our September 2024 Alert “Liquidity Management Under AIFMD2: RTS for Open-Ended Funds,” the European Securities and Markets Authority (ESMA) has now published Final Reports for “Guidelines on LMTs of UCITS and...more
5/9/2025
/ Alternative Investment Fund Managers Directive (AIFMD) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Final Rules ,
Fund Managers ,
Investment Funds ,
Liquidity ,
Liquidity Management ,
Regulatory Reform ,
Regulatory Requirements ,
Regulatory Standards ,
Risk Management
Published on April 29, 2025, the ESMA final report (ESMA75-453128700-1408) outlines the guidelines (Guidelines) for competent national authorities (NCAs) to prevent and detect market abuse in the context of the Markets in...more
5/6/2025
/ Blockchain ,
Crypto Exchanges ,
Cryptoassets ,
EU ,
European Securities and Markets Authority (ESMA) ,
Financial Regulatory Reform ,
Market Abuse ,
New Regulations ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management
On April 8, 2025, Natasha Cazenave, executive director of the European Securities and Markets Authority (ESMA), addressed the European Parliament’s Economic and Monetary Affairs Committee, offering key insights into the...more
In our recent alert “Properly Valuing Private Equity, Venture, Real Estate, and Other Private Market Assets: Some Pointers for UK and EU Managers”, we discussed the Financial Conduct Authority’s (FCA’s) focus on fund...more
4/10/2025
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Consultation ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Regulatory Reform ,
Fund Managers ,
HM Treasury ,
Investment Funds ,
Private Funds ,
Proposed Rules ,
Regulatory Reform ,
UK ,
Venture Capital
The keenly awaited details of the EU’s proposed first omnibus package were published on 26 February 2025. The package includes amendments to the Corporate Sustainability Reporting Directive (CSRD) (including revision and...more
3/13/2025
/ Corporate Governance ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Investment Funds ,
Private Equity ,
Regulatory Burden ,
Reporting Requirements ,
Sustainability ,
Sustainable Finance ,
Taxonomy
In our recent alert “New Year, Similar Concerns: The FCA’s 2025 Priorities for UK Private Fund Managers,” we discussed the updated supervisory strategy and priorities which the Financial Conduct Authority (FCA) has for...more
3/10/2025
/ AIFM ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Valuations ,
Conflicts of Interest ,
EU ,
Financial Conduct Authority (FCA) ,
Fund Managers ,
Private Equity ,
Private Funds ,
Risk Management ,
Valuation ,
Venture Capital
Digital Operational Resilience Act (DORA) aims to harmonize provisions related to cybersecurity and information and communication technology (ICT) risk management in the financial sector. Its scope covers nearly all entities...more
1/17/2025
/ Compliance ,
CSSF ,
Cybersecurity ,
Data Protection ,
Digital Operational Resilience Act (DORA) ,
EU ,
Financial Institutions ,
Financial Services Industry ,
Information and Communication Technology (ICT) ,
Information Technology ,
Luxembourg ,
Regulatory Requirements ,
Risk Management
On December 19, 2024, Luxembourg adopted Blockchain Law IV, a landmark legislative move aimed at strengthening the legal framework for blockchain in the financial sector. ...more
In our recent alert Loan Origination Under AIFMD2: A Guide on loan origination under the revised Alternative Investment Fund Managers Directive (AIFMD2), we noted that the European Securities and Markets Authority (ESMA)...more
12/19/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Commercial Loans ,
Consultation ,
ELTIF ,
EU ,
European Securities and Markets Authority (ESMA) ,
Liquidity ,
Member State ,
Regulation Technical Standards (RTS) ,
Risk Management ,
Stress Tests
Welcome to the third edition of our Horizon Scan for 2024: key recent and expected funds, regulatory and tax developments to look out for. As before, we focus on the most important developments and changes that we expect...more
11/1/2024
/ Corporate Governance ,
Disclosure Requirements ,
Economic Sanctions ,
EU ,
Financial Crimes ,
Fund Managers ,
MiFID II ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Private Funds ,
Regulatory Requirements ,
SFDR ,
Sustainable Finance ,
UK
The European Commission’s adoption on 23 October 2024 of the two regulations (Regulations) supplementing the [the Regulation on digital operational resilience for the financial sector Publications Office (europa.eu)] (DORA)...more
10/28/2024
/ Compliance ,
Compliance Dates ,
Digital Services ,
EU ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Financial Institutions ,
Financial Services Industry ,
Incident Response Plans ,
Member State ,
Regulation Technical Standards (RTS) ,
Risk Management ,
Third-Party Service Provider
In a previous alert, Crypto-Asset Services and Grandfathering Under MiCA: Clarity From ESMA, we noted that the provisions of the Markets in Crypto Assets Regulation (MiCA) governing crypto-asset service providers (CASPs) is...more
In our recent alert Loan Origination Under AIFMD2: A Guide, on loan origination under the revised Alternative Investment Fund Managers Directive (AIFMD2), we noted that the European Securities and Markets Authority (ESMA)...more
9/20/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Asset Management ,
Compliance ,
EU ,
European Securities and Markets Authority (ESMA) ,
Investment Funds ,
Liquidity ,
Liquidity Management ,
Liquidity Risk Management Rule ,
Loan Origination Funds ,
Open-Ended Fund Companies (OFCs) ,
Risk Management ,
UCITS
The European Union (EU) Artificial Intelligence Act (AI Act), Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending...more
8/12/2024
/ Amended Regulation ,
Artificial Intelligence ,
Broker-Dealer ,
Brokers ,
Compliance Dates ,
Effective Date ,
EIOPA ,
EU ,
EU Directive ,
European Banking Authority (EBA) ,
European Commission ,
European Supervisory Authorities (ESAs) ,
Extraterritoriality Rules ,
Financial Services Industry ,
Insurance Brokers ,
International Harmonization ,
Investment Adviser ,
Lenders ,
Member State ,
Nonbank Firms ,
Retail Investors ,
Third-Party Service Provider
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
8/1/2024
/ AIFMD Passport ,
AIFs ,
Alternative Investment Fund Managers Directive (AIFMD) ,
Capital Markets ,
Capital Markets Union ,
ELTIF ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Investment Management ,
Investors ,
Liquidity ,
Regulation Technical Standards (RTS) ,
Stock Redemption
The publication by the Joint Committee of the European Supervisory Authorities (ESAs) on (a) 17 July 2024 of the second batch of implementing materials and (b) 26 July 2024 of the sub-contracting of information and...more
7/30/2024
/ Banking Sector ,
Compliance ,
Cyber Incident Reporting ,
Digital Services ,
EU ,
European Supervisory Authorities (ESAs) ,
Financial Institutions ,
Implementing Technical Standards (ITS) ,
Information Sharing ,
Regulation Technical Standards (RTS) ,
Risk Management ,
Third-Party Service Provider ,
UK
Those who have had to navigate and consider the EU Sustainable Finance Disclosure Regulation (SFDR) have faced its challenges and noted its deficiencies. Specifically, these have included data gaps, the SFDR’s use as a...more
7/26/2024
/ Asset Management ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
European Supervisory Authorities (ESAs) ,
Financial Adviser ,
Investment Funds ,
Investors ,
Popular ,
Sustainability ,
Sustainable Business Practices ,
Taxonomy
The revised Alternative Investment Fund Managers Directive (AIFMD2) introduces new requirements for funds managed by EU-based alternative investment fund managers (AIFMs) that originate loans.
Most of the requirements...more
On June 30, 2024, the new Markets in Crypto-assets (MiCA) regulation, which affects stablecoins in the European Union, went into effect. This client alert outlines the critical obligations and considerations for stablecoin...more
On 14 May 2024, the European Securities and Markets Authority (ESMA) published its final guidelines ESMA34-472-440 Final Report on the Guidelines on funds names (europa.eu) on the use of ESG- or sustainability-related terms...more
5/31/2024
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Climate Change ,
Corporate Governance ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
Final Guidance ,
Investment Funds ,
Regulatory Oversight ,
SFDR ,
Sustainability ,
Sustainable Business Practices ,
UCITS
Welcome to the second edition of our Horizon Scan for 2024: key recent and expected funds, regulatory, and tax developments to look out for. As before, we focus on the most important developments and changes that we expect to...more
5/24/2024
/ Climate Change ,
Cross-Border ,
Disclosure Requirements ,
EU ,
False Claims Act (FCA) ,
Fund Managers ,
Investment Funds ,
Private Funds ,
Private Investment Funds ,
Regulatory Standards ,
Reporting Requirements ,
SFDR ,
Sustainability ,
Sustainable Business Practices ,
Sustainable Finance ,
Transitional Arrangements ,
UK
In our previous alert “Acquiring or Investing in EU Crypto-Asset Businesses: MiCA’s Impact,” we discussed the impact of the European Union (EU) Markets in Crypto-Assets Regulation (MiCA) on the acquisition or investment in EU...more
4/18/2024
/ Acquisitions ,
Anti-Money Laundering ,
Cryptoassets ,
Digital Assets ,
EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Investment ,
Popular ,
Regulation Technical Standards (RTS) ,
Regulatory Oversight ,
Regulatory Standards
In our previous alert, we looked at the draft revised Regulatory Technical Standards (RTS) supplementing the amended ELTIF Regulation (ELTIF 2.0) published by the European Securities and Markets Authority (ESMA) in its...more