Funds and asset management regulatory news, 6 August 2021

FIG Bulletin

Selected UK and EU regulatory updates of interest to the funds and asset management sector. See also our Related Materials links for regulatory updates of broad application.

Contents

This is our last edition of the weekly regulatory news as we move to focus on more topic-driven material. We will send you notification of new publications from your area(s) of interest in the usual Hogan Lovells Engage Alerts. If you have any enquiries, please contact us.

Regulation on the cross-border distribution of CIS: ESMA guidelines for marketing communications

The European Securities and Markets Authority (ESMA) has published the official translations (select the "i" for languages other than English) of its guidelines on marketing communications under the Regulation on the cross-border distribution of funds. ESMA published a final report on the guidelines in May 2021.

The aim of the guidelines is to specify the requirements for marketing communications set out in Article 4(1) of the Regulation. In particular, they:

  • establish common principles on the identification of marketing communications;
  • the description of risks and rewards of purchasing units or shares of an alternative investment fund or units of a UCITS in an equally prominent manner; and
  • the fair, clear and not misleading character of marketing communications, taking into account online aspects of such marketing communications.

The guidelines do not replace existing national requirements on the information to be included in marketing communications (such as those relating to the fiscal treatment of the investment in the promoted fund) to the extent these are compatible with any existing harmonised EU rules

The guidelines will apply from February 2022 (that is, six months after the date of the publication of the translations).

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Authored by Yvonne Clapham

 

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