ELTIFs can be marketed to both professional and retail investors across Europe. In addition to specific suitability tests to be carried out on retail investors, ELTIFs regulation also imposes to appoint a Facilities Agent for ELTIFs in all the EU domiciles where marketing will take place. The Facilities Agent for ELTIFs is not necessarily a…
EU Fund Distribution and PRIIPs KIDs notification are two interrelated subjects. Despite the fact that the European Parliament ordered at the end of 2018 a two-year delay for the application of PRIIPs rules for UCITS, these rules remain current for other funds, like retail AIFs and ELTIFs. In this post we will briefly touch on…
An Italian Brexit Law Decree entered into force last 26th March, introducing measures to establish a transitional regime in Italy in the event of a no-deal Brexit. The provisions of the Italian Brexit Law Decree will help mitigating risks for Italian clients and investors inherent to an unorganised discontinuation of business activities of UK firms…
AIFMD was introduced in 2011 with a very ambitious underpinning aim to create a wider regulatory and oversight blanket for actors in the financial markets, whose activities, so far unregulated, had exposed European markets to significant systemic risks in the years coming to the financial crisis of 2008. With the introduction of harmonised requirements across…
Introduced with a regulation in 2015, ELTIFs is another acronym in the European regulation on financial services and stands for European Long-term investment funds. One of the unique features of this type of funds is that it is open to retail investors. ELTIFs are set to become very important tools for alternative capital raising to…
With March 2019 looming, same as the possibility of a no deal case scenario for the future relationship between the UK and the EU, it is useful to refresh some of the main concepts surrounding the existing alternative avenues to ensure third country access to EU markets. Equivalence assessments by the EU Commission is possibly…
A Luxembourg Brexit Law was recently proposed by the government, in order to mitigate the consequences that a hard Brexit will have on the stability and orderly functioning of both the financial market in Luxembourg and the activities of its participants. Please find the draft of the Luxembourg Brexit Law here. Whether simply a measure…
What is the future of Fund Marketing Authorisation in UK for the latecomers? The Financial Conduct Authority opened last January 7th 2019 the window for notifications to be made by foreign EEA firm of their intention to avail themselves of the Temporary Permission Regime TPR (find out more here about the TPR). The TPR aims…
A UK EU memorandum of understanding arrangement has been reached recently. This is just about on time for Brexit and is one step closer to shape into more details the new dynamics for the relations between the UK and the EU. It seems now clear that the path to be followed is the one of…
When AIFMD was firstly introduced, there have been extensive talks around the possibility of invoking reverse solicitation rule under AIFMD to justify inflow of capital from European domiciled professional investors to managers, European or not, that did not comply with AIFMD. Few years down the path of AIFMD implementation, these talks on reverse solicitation rule…