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2 months ago | 
jdsupra.com | Sabina Comis |Cyril Fiat |Philippa List
In our OnPoints dated 20 May and 7 August 2020, we explained the requirements that the French regulator (Autorité des Marchés Financiers (“AMF”)) has imposed on asset managers through the publication of Position-Recommandation AMF 2020-031 (the “AMF ESG Doctrine”).
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Jan 24, 2025 | 
jdsupra.com | Philippa List |Mikhaelle Schiappacasse
Key Takeaways On 14 May 2024, ESMA published its guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines). The Guidelines have applied since 21 November 2024. Funds in existence before 21 November 2024 have until 21 May 2025 to either comply with the Guidelines or change their name. On 13 December 2024, ESMA published Q&As on aspects of the practical application of the Guidelines.
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Jan 8, 2025 | 
jdsupra.com | Patrick Goebel |Philippa List |Neel Maitra
The Second Part of MiCA entered into application on December 30, 2024 – CASPs and public offers of crypto-assets other than ARTs and EMTs fall within the scope of MiCAMiCA¹ regulates the issuance of crypto-assets in the European Union (EU) as well as the providers of certain services in relation to crypto-assets. Unique and non-fungible crypto-assets, as well as crypto-assets qualifying as financial instruments within the meaning of MiFID² are excluded from the scope of MiCA.
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Oct 21, 2024 | 
jdsupra.com | Mark Dillon |Patrick Goebel |Philippa List
Key Takeaways Marketing will now expressly fall within the scope of delegation under AIFMD 2.0, to the extent that it is carried out on behalf of the alternative investment fund manager (AIFM). AIFMD 2.0 clarifies that only distributors acting on behalf of AIFMs should be considered as AIFM’s delegates. All AIFMs marketing alternative investment funds (AIFs) in the EU will be subject to additional prior and ongoing investor disclosure requirements and more detailed Annex IV reporting.
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Sep 5, 2024 | 
jdsupra.com | Richard Chapman |Philippa List |Karen Stretch
Key Takeaways All derivatives users in scope of UK EMIR will be affected. Whilst very similar, the UK and EU regimes are separate, and there are differences. Changes are significant and new processes may be required. A set of accompanying FCA Q&A have been published. 2024 is a big year for EMIR reporting. In April 2024, the EU EMIR refit reporting changes took effect. On Monday 30 September 2024, the UK EMIR reporting changes go live.
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Aug 23, 2024 | 
jdsupra.com | Philippa List |Mikhaelle Schiappacasse
On 21 August 2024, ESMA published the translations in all official EU languages of its Guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines). The Guidelines will start applying on 21 November 2024 (the Application Date) – i.e., three months after this publication. Any new funds created on or after the Application Date are expected to apply these Guidelines from launch.
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Aug 8, 2024 | 
jdsupra.com | Richard Frase |Philippa List |Simon Wright
Key Takeaways The FCA has published its final rules and guidance necessary to implement the Overseas Funds Regime (OFR). The gateway for eligible funds to apply for recognition under the OFR is scheduled to open in September for new schemes and in October for funds currently in the temporary marketing permissions regime (TMPR). The new FCA Handbook rules and guidance to support the implementation of the OFR are in force from 31 July 2024.
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May 16, 2024 | 
jdsupra.com | Philippa List |Mikhaelle Schiappacasse
Key Takeaways On 14 May 2024 ESMA published its long-awaited guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines). The Guidelines apply three months after the date of their publication on ESMA’s website in all EU official languages. Managers of funds existing before the date of application of the Guidelines should apply the Guidelines to those funds after six months from the application date of the Guidelines.
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May 15, 2024 | 
lexology.com | Mikhaelle Schiappacasse |Philippa List
Key TakeawaysOn 14 May 2024 ESMA published its long-awaited guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines). The Guidelines apply three months after the date of their publication on ESMA’s website in all EU official languages. Managers of funds existing before the date of application of the Guidelines should apply the Guidelines to those funds after six months from the application date of the Guidelines.
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May 13, 2024 | 
jdsupra.com | Richard Frase |Philippa List |Mikhaelle Schiappacasse
Key Takeaways The UK Financial Conduct Authority’s (FCA) anti-greenwashing rule (Rule) will come into effect on 31 May 2024 and applies to all FCA-authorised firms. The Rule requires that references made to the sustainability characteristics of a product or service, are (i) consistent with the sustainability characteristics of the product or services and (ii) clear, fair and not misleading.
