News & Analysis as of

Alternative Investment Funds Alternative Investment Fund Managers Directive (AIFMD)

Latham & Watkins LLP

FCA and HM Treasury Consult on Proposals to Reform UK AIFMs Regulation

Latham & Watkins LLP on

The proposals aim to make the UK regime more proportionate and suggest different rules applying to hedge funds, venture capital firms, and private equity houses. On 7 April 2025, the FCA published a Call for Input, and HM...more

Goodwin

Was Your SIF Set Up Before 2016? Consider a RAIF Conversion While Evaluating the Benefits of Maintaining a SIF

Goodwin on

The Specialised Investment Fund (SIF) regime was established in Luxembourg by the Law of 13 February 2007 (the “SIF Law”). The SIF regime’s purpose was to offer great flexibility on investment scope while structuring and...more

King & Spalding

Open End Credit Funds – ESMA Is Looking for Answers

King & Spalding on

The ESMA Consultation Paper on draft regulatory technical standards on open-ended loan-originating AIFs (OE LO AIFs) under the AIFMD, published on the 12 December 2024, aims to set out the requirements which OE LO AIFs must...more

Akin Gump Strauss Hauer & Feld LLP

Summary of ESMA Consultation Papers on the Draft RTS And Guidelines on Liquidity Management Tools for AIFMS and UCITS Management...

The questions from the European Securities and Markets Authority (ESMA) Consultation Papers are below. The questions largely ask for feedback from market participants as to whether...more

Walkers

Global Legal Insights FinTech 2024: Ireland chapter

Walkers on

The Irish government has been supportive of the development of the financial services sector in Ireland and this extends to fintech. The government’s strategy for the development of Ireland’s international financial services...more

Mayer Brown

AIFMD II – What EU and non-EU fund managers need to know

Mayer Brown on

In order to harmonize the regulatory framework governing the European fund market, the European Commission has revised the existing Alternative Investment Fund Manager Directive – Directive 2011/61/EU (the "AIFMD"), with the...more

Cadwalader, Wickersham & Taft LLP

Liquidity Management, Loan Origination and Credit Funds under AIFMD II

I. Background and Scope - On 7 February 2024, the European Union adopted a final text amending the AIFMD and UCITS directives (AIFMD II). This memo considers what are entirely novel requirements attaching to liquidity...more

Paul Hastings LLP

Credit Funds: The Year of the Regulator

Paul Hastings LLP on

We are delighted to bring you this edition of Spotlight Magazine, the content of which has come at just the right time, with it becoming increasingly apparent that we are in the midst of a global regulatory refresh of the...more

Cadwalader, Wickersham & Taft LLP

AIFMD II and Loan Origination Funds

On 6 November 2023, the Council of the European Union published its long anticipated final compromise text ‘as regards delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and...more

Cadwalader, Wickersham & Taft LLP

Political Agreement Reached on Proposed Directive Amending Both AIFM and UCITS Directives

On 20 July 2023, the Council of the EU announced that it has reached political agreement with the European Parliament on the proposed Directive amending the Alternative Investment Fund Managers Directive (2011/61/EU) and the...more

BCLP

AIFMD II European Parliament draft report provides positive amendments and points of clarity

BCLP on

On 18 May 2022 a draft report on ‘AIFMD II’ was published, containing proposals by a rapporteur presented to the ECON committee. It sets out a list of suggested amendments to the European Commission (the Commission)’s draft...more

Proskauer Rose LLP

ESMA Guidelines on marketing communications for funds will start to apply

Proskauer Rose LLP on

On 2 February 2022, the new ESMA guidelines on marketing communications under the Regulation on cross-border distribution of funds (EU) 2019/1156) (“Guidelines”) will start to apply....more

Goodwin

Guidelines on Marketing Communications Under the Regulation on Cross-Border Distribution of Funds

Goodwin on

SCOPE - On 2 August 2021, The European Securities and Markets Authority (“ESMA”) published the Guidelines on Marketing Communications (the Guidelines) under the regulation on cross-border distribution of funds, which...more

Goodwin

European Commission Outlines Proposals For AIFMD 2

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As the Alternative Investment Fund Managers Directive (“AIFMD”) was being developed prior to 2011, there were serious concerns across the funds industry that it might force managers to set up their funds offshore to avoid the...more

A&O Shearman

Great Fund Insights: AIFMD Review Proposal Published: What are the key takeaways for asset managers?

A&O Shearman on

On 25 November, the European Commission published its long awaited AIFMD Review package including a proposal amending the AIFMD and the UCITS Directive on delegation, liquidity risk management, provision of depositary and...more

BCLP

AIFMD II: An evolution not a revolution at round 1

BCLP on

Today (25 November 2021) the European Commission (the Commission) released the results of its evaluation of the Alternative Investment Fund Managers Directive (AIFMD) which forms part of a Capital Markets Union legislative...more

Cadwalader, Wickersham & Taft LLP

August Changes to Fund Distribution in the EEA

This week sees the introduction of significant changes to the rules and regulations governing the marketing of alternative investment funds (“AIFs”) to investors in the Member States of the European Economic Area (the “EEA”)...more

Skadden, Arps, Slate, Meagher & Flom LLP

FCA Releases Policy Statement on New Rules for SPACs

On 30 April 2021, the UK Financial Conduct Authority (FCA) published a consultation paper (the Consultation) proposing changes to the Listing Rules applicable to special purpose acquisition companies (SPACs), discussed in our...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Proposes Harmonisation of Fund Pre-marketing Rules, but Barriers Remain for Non-EU Sponsors

The European Union’s new cross-border fund distribution legislation comes into effect August 2, 2021, updating the existing framework for marketing alternative investment funds (AIFs) in the European Union (EU). The changes...more

Hogan Lovells

Funds and asset management regulatory news, June 2021

Hogan Lovells on

UCITS funds: HM Treasury announces extension of PRIIPs exemption - HM Treasury has announced that the current exemption for Undertakings for the Collective Investment in Transferable Securities (UCITS) funds from the...more

Goodwin

New Pre-Marketing Obligations in Germany for AIFs Set to Take Effect in August

Goodwin on

On 28 May 2021, the German Legislator adopted new and stricter regulations on Alternative Investment Funds pre-marketing. These regulations will go into effect in August as an implementation of the Directive (EU) 2019/1160 on...more

Proskauer Rose LLP

Changes to AIFMD Marketing Rules from August 2021 – How will these New Rules Impact Fund Managers?

Proskauer Rose LLP on

On 2 August 2021, changes to fund marketing rules will come into effect in the European Union (“EU”). The revised rules (the “Marketing Rules”) amend the existing regime relating to the marketing of alternative investment...more

Hogan Lovells

Funds and asset management regulatory news, April 2021

Hogan Lovells on

Liquidity management in UK open-ended funds: BoE and FCA report - The Bank of England (BoE) and the Financial Conduct Authority (FCA) have published a report on liquidity management in UK open-ended funds. The report...more

A&O Shearman

AIFMD Review – the key areas of focus for depositaries

A&O Shearman on

On 22 October 2020, the European Commission launched a public consultation on the review of the Alternative Investment Fund Managers Directive (the AIFMD Review). The public consultation follows the European Commission’s...more

Goodwin

Luxembourg Funds and Brexit: Update to UK Managers

Goodwin on

With the transition period coming to an end by the end of 2020, many UK managers are questioning the implication of Brexit to the fundraising and management of Luxembourg-based funds. As forecasted in our previous market...more

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