News & Analysis as of

European Undertakings for Collective Investment in Transferable Securities Investment

Walkers

ESMA advice on the review of the UCITS Eligible Assets Directive

Walkers on

On 26 June 2025, ESMA published its keenly awaited technical advice to the Commission on the review of the UCITS Eligible Assets Directive 2007/16/EC (EAD). The report assesses EAD implementation across member states and...more

Walkers

ESMA publishes new QAs on its Fund Naming Guidelines

Walkers on

On 13 December 2024, ESMA published three new questions and answers ("Q&As") which provide welcome clarification on the application of some key elements of its Guidelines on funds' names using ESG or sustainability-related...more

King & Spalding

Final Countdown: ESMA Guidelines on Funds’ Names Using ESG or Sustainability-Related Terms

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Over the past few years, there has been a sharp increase in funds using environmental, social, governance (“ESG”), sustainability, impact or sustainable development goals (“SDG”) references in fund names. With this has come...more

A&O Shearman

Draft UK Consumer Composite Investments (Designated Activities) Regulations 2024 Published

A&O Shearman on

The draft Consumer Composite Investments (Designated Activities) Regulations 2024 have been published, together with an explanatory memorandum. The Regulations establish a proposed new legislative framework for the regulation...more

Walkers

Global Legal Insights FinTech 2024: Ireland chapter

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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

A&O Shearman

UK Financial Conduct Authority Confirms Date for Opening of Overseas Funds Regime Gateway to New Schemes

A&O Shearman on

The Financial Conduct Authority has updated its webpage on the Overseas Funds Regime to confirm that it will open the gateway to new schemes on September 30, 2024. From that date, new schemes (schemes not in the Temporary...more

A&O Shearman

Great Fund Insights: ESMA Guidelines on funds’ names: Tell me your fund name, I’ll tell you your fund strategy

A&O Shearman on

On 14 May 2024, ESMA published its final guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines). As a result, the use of certain environmental, social and governance (ESG) or...more

Proskauer - Regulatory & Compliance

ESMA update on funds’ names using ESG or sustainability-related terms

ESMA has, on 14 December 2023, published a public statement updating its Guidelines on funds’ names using ESG or sustainability-related terms. This follows the consultation paper on the same topic that ran until 20 February...more

Walkers

Names and Claims – ESMA probes use of generic ESG terms in EU funds

Walkers on

Yesterday, ESMA published a risk analysis report outlining the results of its disclosure study on ESG names and claims in the EU funds industry. ESMA utilised natural language processing ("NLP") techniques to analyse the...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

A&O Shearman

New law modernising Luxembourg investment funds takes effect

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On 28 July 2023, the law of 21 July 2023, which modernises the laws governing UCITS, Part II UCIs, SIFs, SICARs, RAIFs and Luxembourg asset managers, enters into force (the Law). ...more

A&O Shearman

Key Regulatory Topics: Weekly Update 19 May - 25 May 2023

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The consumer/retail sector has been the subject of a number of publications this week, including the European Commission’s Retail Investment Package and the FCA’s consultation on a new framework for firms to better support...more

McDermott Will & Schulte

Überarbeitung der AIFM- und UCITS-Richtlinie: Aktueller Stand und Ausblick

EU-Kommission, Parlament und Rat treten in die entscheidende Phase ihrer Beratungen über eine Neufassung der AIFM- und der UCITS-Richtlinie ein. Änderungen sind insbesondere bei den Themen Auslagerung, Darlehensfonds und...more

Walkers

Central Bank launches its consultation paper CP152: Own funds requirements for UCITS management companies and AIFMs authorised for...

Walkers on

On 1 December 2022, the Central Bank of Ireland (the “Central Bank”) published its consultation paper CP152 on own funds requirements for UCITS management companies and AIFMs authorised for discretionary portfolio management...more

Walkers

Central Bank of Ireland enforcement action concerning UCITS index-tracking disclosures

Walkers on

On 16 November 2022, the Central Bank of Ireland (the "Central Bank") published a public statement relating to its enforcement action against a UCITS management company which has been fined €117,600 and reprimanded by the...more

Walkers

Ireland Update: Updates on SFDR Level 2

Walkers on

On 4 October 2022, the Central Bank of Ireland published a notice of intention with process clarifications for UCITS and AIFs pre-contractual documentation updates ahead of the implementation of the SFDR Level 2 requirements...more

K2 Integrity

ESG Certification: Assisting in Mitigating Greenwashing for Investors, Managers, Funds and Regulators

K2 Integrity on

There have been numerous positive developments in the evolution of ESG investing. Still, the research needed to assess which investments are truly ESG-compliant and which are tantamount to greenwashing is burdensome...more

Walkers

The rise of ESG and Sustainable Fund Finance in Europe

Walkers on

Challenges create opportunities and the environmental and social challenges we currently face are no exception. In this paper we consider the opportunities provided by sustainable finance, and more specifically impact...more

Proskauer Rose LLP

Regulation Round Up - January 2022

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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

A&O Shearman

Regulatory restrictions on ancillary assets held by UCITS

A&O Shearman on

On 3 November 2021, the CSSF published a press release 21/26 regarding the updates of its FAQ on the law of 17 December 2010 and FAQ on money market funds (MMFs) regulation (MMFR), which respectively clarify (i) the...more

Jones Day

German Regulator Combats Greenwashing by Proposing Guidelines on "Sustainable" Investment Funds

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The German Federal Financial Supervisory Authority ("BaFin") has published a consultation on draft guidelines for sustainable investment funds containing specifications on what UCITS and AIF management companies must include...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

Morgan Lewis - Tech & Sourcing

ESMA Publishes Guidelines on Outsourcing to Cloud Service Providers

The European Securities and Markets Authority (ESMA) on May 10 published final guidelines on outsourcing to cloud service providers (ESMA Guidelines) to help firms and competent authorities identify, address, and monitor the...more

A&O Shearman

New ESG Disclosure regulation: What Asset and Fund Managers need to know

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1. SPEED READ - As a further development in the roll out of its green agenda, the EU has finalised a new disclosure regulation. This will require certain firms, including asset and fund managers, to comply with new rules...more

K&L Gates LLP

U.S. SEC Proposes Liquidity Risk Management Programs, Optional “Swing Pricing,” and Liquidity Reporting for Mutual Funds and...

K&L Gates LLP on

On September 22, 2015, the Securities and Exchange Commission (“SEC”) proposed a new rule and amendments to rules and reporting forms under the Investment Company Act of 1940 (the “1940 Act”), designed to standardize...more

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