The Unbearable Lightness of AIFMD Premarketing Rules Nearly one year since the introduction of the Crossborder Distribution Directive and the dust seems to have finally settled around the new rules on AIFMD Premarketing. Or that is what it seems at least for European managers. The situation is different on the other side of the Atlantic,…
ESMA Consultation on UCITS Crossborder Management Notifications There is more than meets the eye in the ESMA consultation on UCITS crossborder management and marketing notification. Far from being exclusively confined to matters related to AIFs and UCITS crossborder marketing in Europe, the scope of the recentESMA consultation encompasses also AIFMs and UCITS management companies’ cross-border…
ELTIF II Regulation and the Retailisation of Private Markets As the European Council adopts its position on the ELTIF II regulation, many are still asking why there have been so few ELTIF launches since its inception in 2015? We are inclined to believe that the market was not yet ready for the proposition underpinning the…
ESMA Consultation on UCITS Crossborder Marketing Notification ESMA just kicked off one more interesting summer project, with a very recent consultation – closing on September 9th – on the technical standards for AIF and UCITS crossborder marketing notification. Given that the introduction of the so-called Cross Border Distribution Directive took place over the summer of…
UCITS Marketing in UK Made Easier The road for the UK to retain its position as a global financial centre in the aftermath of Brexit is filled with hurdles. The most notable one relates to ensuring continued ability for EEA UCITS marketing in UK, as part of a broader spectrum of foreign EEA financial products…
ESMA MiFID Tied Agents Supervisory Briefing. It is All About the Right Formula 2021 witnessed frantic activity from European regulators to tighten the borders in Europe. Just before year end, along with the proposals for AIFMD II and ELTIF II, there came a letter from ESMA hinting at more scrutiny on the so called reverse…
Overseas Persons Exclusion and the UK Third Country Regime The UK maintains its traditional openness to international business even post Brexit, with the departure from the EU offers UK authorities the opportunity to take a fresh look at the entire UK overseas framework and the various regimes within it. Since the 1980’s, the UK implemented…
UK Overseas Fund Regime. Prepare for Landing! There seems still to be some misunderstanding in the industry around some of the acronyms used to define the legal fictions introduced post-Brexit in the context of the transition from European passport-based permissions to local UK authorisations for EU investment firms and products. We are referring to the…
The New Process for UCITS and AIF De-registration Summer 2021 marked the entry into force in Europe of the Cross-Border Distribution Directive and, with it, also of a new – more streamlined – process for UCITS and AIF de-registration. So far governed exclusively by local national rules and practices, imposing expensive publication requirements in certain…
ELTIF Regulation Review. Less European, more Sustainable The long-awaited European Commission proposal for the ELTIF Regulation review is now out. Taking stock of the hard facts and that the full potential of the ELTIF is still far from having been achieved, the proposal for the ELTIF regulation review is based on some laser focused measures…