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European Securities and Markets Authority (ESMA) Alternative Investment Funds

A&O Shearman

ESMA publishes overview of planned consultations for 2025

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The European Securities and Markets Authority has published an overview of its planned consultations for 2025. The consultations relate to workstreams under the EU Listing Act,...more

Proskauer Rose LLP

Regulation Round Up - February 2025

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Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation....more

King & Spalding

Open End Credit Funds – ESMA Is Looking for Answers

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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

Proskauer - Regulatory & Compliance

ESMA Guidelines on Fund Names

The recent ESMA Final Report on the Guidelines for funds’ names using ESG or sustainability-related terms (the “Guidelines”) marks a critical moment for asset managers. These Guidelines aim to clarify when the use of ESG or...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

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

BCLP

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

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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

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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

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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

Goodwin on

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

Hogan Lovells

Funds and asset management regulatory news, June 2021

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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

Hogan Lovells

Funds and asset management regulatory news, May 2021 # 2

Hogan Lovells on

EU cross-border distribution of funds: ESMA guidelines on marketing communications - Following its consultation in November 2020, the European Securities and Markets Authority (ESMA) has published a final report on...more

Hogan Lovells

Funds and asset management regulatory news, April 2021

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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

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

A&O Shearman on

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

Hogan Lovells

Funds and asset management regulatory news, October 2020 # 4

Hogan Lovells on

AIFMD review: European Commission consultation - The European Commission has launched a consultation questionnaire relating to its review of the Alternative Investment Fund Managers Directive (AIFMD)....more

Hogan Lovells

Funds and asset management regulatory news, October 2020 # 3

Hogan Lovells on

ESMA guidelines on liquidity stress testing in UCITS and AIFs: FCA comment - Among other things covered in its latest Regulation round-up, the UK Financial Conduct Authority (FCA) comments on the European Securities and...more

Akin Gump Strauss Hauer & Feld LLP

ESMA Consults on Guidelines to Address Leverage Risk in the Alternative Investment Fund Sector

On 27 March 2020, the European Securities and Markets Authority (ESMA) launched a public consultation on its draft guidelines to assess leverage risks in the Alternative Investment Fund (AIF) sector. In particular, ESMA is...more

Latham & Watkins LLP

European Commission Report Assesses AIFMD Application and Scope

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The European Commission has published its long awaited report that assesses the application and scope of AIFMD. On 10 June 2020, the European Commission published a report assessing the application and scope of the...more

BCLP

European Commission's Review into AIFMD

BCLP on

The European Commission has published its long awaited report into the application and scope of AIFMD.  The report is generally positive and concludes that overall AIFMD has been successful in meeting its objectives....more

Akin Gump Strauss Hauer & Feld LLP

Changes to EMIR Reporting Responsibilities from 18 June 2020 – Key Considerations

Derivatives reporting responsibilities under the European Market Infrastructure Regulation (EMIR) will change from 18 June 20201, as (i) alternative investment fund managers (AIFMs) will become responsible for reporting for...more

A&O Shearman

Key Regulatory Topics: Weekly Update

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PUBLICATIONS - APAC Financial Regulatory Focus: Expected Developments in the Year of the Rat - As we move into the year of the rat, our team across Asia Pacific consider some of the key areas of financial regulatory...more

A&O Shearman

European Securities and Markets Authority Publishes Final Guidance on Liquidity Stress Tests for Investment Funds

A&O Shearman on

The European Securities and Markets Authority has published a report containing its final guidelines on liquidity stress testing in Alternative Investment Funds and Undertakings for Collective Investment in Transferable...more

Herbert Smith Freehills Kramer

EMIR REFIT – Implications for Fund Managers

On April 18, 2019, the final text amending the European Market Infrastructure Regulation (EMIR) was adopted by the European Parliament. The update to EMIR is widely referred to as EMIR REFIT and will come into effect on June...more

A&O Shearman

Emir Refit: Impact of the Reclassification of Funds

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The EU proposals to amend technical aspects of the European Market Infrastructure Regulation (EMIR), known colloquially as ‘EMIR 2.1’ or ‘EMIR Refit’, have been politically agreed. The final text is likely to be published in...more

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