A few interesting findings from the European Securities and Markets Authority (ESMA) updated Sustainabable Finance Disclosure Regulation (#SFDR) Q&As: 🌍 Website disclosures: An AIFM must have a website and must clearly explain all revisions and changes to the information provided. This may include the website of the group to which the AIFM belongs. 📊 It is the ESMAs supervisory expectation that the templates for pre-contractual disclosure and periodic reporting are used for website disclosure – extra scrutiny of confidential information advisable. However, no obligation to disclose documents that would not otherwise have to be disclosed – such as the AIFMD or EuVECA mini-prospectus (Art. 23 AIFMD / Art. 13 EuVECA). 🌳 If a quota on taxonomy-aligned investments is given, pre-contractual disclosures must use turnover by default but can switch to CapEx or OpEx if more appropriate – may be interesting for VC funds! 🔭 ESMA confirms that a fund of funds must look through the underlying fund to the final investments to assess whether it holds “sustainable investments” and compliance must be ensured by the respective fund of funds – how should a fund of fund do this? 🔎 AIFMD sustainability risk DD must be made even if under SFDR an AIFM considers sustainability risks not relevant for its investment decisions. Summarized by YPOG's Fabian Euhus, Dana Franziska Ritter, and Florian Thrun. ➡ Link to the complete document can be found in the comments below. #YPOG #Funds #VentureCapital #PrivateEquity
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Do you use sustainability-related terms to name your funds? Then pay attention to these new guidelines to enter into force in 2024: 1️⃣ Your fund should apply an 80% minimum proportion of investments used to meet the sustainability characteristics or objectives 2️⃣ Asset Managers must apply the Paris-aligned Benchmark (PAB) exclusions 3️⃣ The funds need to invest "meaningfully" in sustainable investments (as defined by #SFDR's Article 2) The draft of the guidelines was published last week by the European Securities and Markets Authority (ESMA) following a public consultation launched over one year ago (in November 2022). The draft is expected to be approved and officially published in Q2 of 2024. The deadline for Asset Managers to comply depends on whether the fund in question already exists or is a new one. Read more full announcement and timing on ESMA's website. #sustainablefinance #assetmanagement
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𝙀𝙎𝙈𝘼 𝙋𝙧𝙤𝙥𝙤𝙨𝙚𝙨 𝘾𝙝𝙖𝙣𝙜𝙚𝙨 𝙖𝙣𝙙 𝙐𝙥𝙙𝙖𝙩𝙚𝙨 𝙏𝙞𝙢𝙚𝙡𝙞𝙣𝙚 𝙛𝙤𝙧 𝙂𝙪𝙞𝙙𝙚𝙡𝙞𝙣𝙚𝙨 𝙤𝙣 𝙀𝙎𝙂 𝙖𝙣𝙙 𝙎𝙪𝙨𝙩𝙖𝙞𝙣𝙖𝙗𝙞𝙡𝙞𝙩𝙮-𝙍𝙚𝙡𝙖𝙩𝙚𝙙 𝙏𝙚𝙧𝙢𝙨 𝙞𝙣 𝙁𝙪𝙣𝙙 𝙉𝙖𝙢𝙚𝙨 🌐 The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator, announces important developments regarding its guidelines on ESG and sustainability-related terms in fund names. 🔄 Postponement for Comprehensive Consideration In light of the progressing reviews of the AIFMD and UCITS Directive, ESMA has chosen to defer the adoption of the Guidelines. This strategic decision ensures a thorough consideration of the outcomes of these reviews. Notably, the provisional agreement from interinstitutional negotiations assigns ESMA two new mandates to develop guidelines specifying circumstances where the name of an AIF or UCITS is deemed unclear, unfair, or misleading. 📅 Adoption Plans ESMA intends to adopt the Guidelines shortly after the amended legal texts come into force, incorporating the outcomes of the ongoing reviews. This statement serves to outline the key content that will be covered in the forthcoming Guidelines. ➡️ Next Steps Anticipated approval and publication of the Guidelines are expected in Q2 2024, contingent upon the publication timing of the AIFMD and UCITS Directive revised texts. Upon publication on the website in all EU official languages, the Guidelines will become applicable after three months. 📝 For managers of new funds, compliance with the Guidelines is expected from the date of application. Managers overseeing funds existing before the application date should ensure compliance within six months from the said date. Stay tuned for further updates as ESMA continues to shape the regulatory landscape for funds' nomenclature in the realm of ESG and sustainability. #ESMA #Guidelines #ESG #Sustainability #FinancialMarkets #Regulation #AIFMD #UCITSDirective #EUFinance #Compliance #InvestmentManagement #FinanceNews #AIF #alternativeinvestments
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Approaching now quite quickly: #AIFMDII. With perhaps more changes than expected for fund managers and funds. For instance, AIFMD II contains amendments with respect to: - The composition of the board of a fund manager - Loan origination funds (with a very broad definition of loan origination) - Requirements regarding delegation, including reporting to the regulator on delegation arrangements - Extension of the permitted ancillary services - For open-ended funds: the liquidity management tools. Please find below a detailed overview of the changes that AIFMD II will bring 👇. And let us know if you have any questions!
"With a local transposition deadline of 16 April 2026, fund managers must now assess the impact of AIFMD II on the AIFs and UCITS they manage and market within the EU, their loan portfolio, their policies and disclosures”, says Financial Law partner Frans van der Eerden. For more information, please contact our team of investment fund experts in Belgium, the Netherlands and Luxembourg: lnkd.in/enGJg23X NL: Frans van der Eerden | Larissa Silverentand | Jasha Sprecher | Sven Uiterwijk | BE: Anne Fontaine | Pierre De Pauw | Jennifer Esakwa Ayimona | LUX: Géraldine Léonard | Josée Weydert #AIFMDII #AIF #UCITS
AIFMD II enters into force - the implementation period has started
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The investment landscape is poised for a significant shift with the European Commission's latest communication on the draft Regulatory Technical Standards (RTS) for the European Long-Term Investment Fund (ELTIF) regime. With the #ELTIF 2.0 application date set for 10 January 2024, the Commission's intent to adopt the ESMA's draft RTS signals a pivotal moment for #fund managers and investors alike. Read in full here https://bit.ly/3TROEyZ #InvestmentTrends #FinanceEurope
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Navigate the complexities of AIFMD and SFDR reporting in the EU! In their latest blog, Marc van Rijckevorsel, Alyson Yule, and Zach Milloy, and their team explore the critical aspects of investor and ESG compliance: https://okt.to/OavguC You’ll discover: ❇️ AIFMD Article 23 requirements: Comprehensive investor disclosures covering investment strategies, risks, and more. ❇️ SFDR's impact: New ESG reporting obligations, including fund categorisation and sustainability-related disclosures. ❇️ Challenges faced: Data collection from portfolio companies for SFDR compliance. Understanding these regulations is crucial for AIFMs looking to maintain compliance and transparency in the evolving EU financial landscape. 🟠 Get expert support as we collaborate with Paul Hastings for EU and UK marketing enquiries. #AIFMD #SFDR #AlternativeInvestments #ESGCompliance #EURegulation #FinancialServices #ESGReporting
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Navigate the complexities of AIFMD and SFDR reporting in the EU! In their latest blog, Marc van Rijckevorsel, Alyson Yule, and Zach Milloy, and their team explore the critical aspects of investor and ESG compliance: https://okt.to/wNDfPK You’ll discover: ❇️ AIFMD Article 23 requirements: Comprehensive investor disclosures covering investment strategies, risks, and more. ❇️ SFDR's impact: New ESG reporting obligations, including fund categorisation and sustainability-related disclosures. ❇️ Challenges faced: Data collection from portfolio companies for SFDR compliance. Understanding these regulations is crucial for AIFMs looking to maintain compliance and transparency in the evolving EU financial landscape. 🟠 Get expert support as we collaborate with Paul Hastings for EU and UK marketing enquiries. #AIFMD #SFDR #AlternativeInvestments #ESGCompliance #EURegulation #FinancialServices #ESGReporting
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Navigate the complexities of AIFMD and SFDR reporting in the EU! In their latest blog, Marc van Rijckevorsel, Alyson Yule, and Zach Milloy, and their team explore the critical aspects of investor and ESG compliance: https://okt.to/z4AJPL You’ll discover: ❇️ AIFMD Article 23 requirements: Comprehensive investor disclosures covering investment strategies, risks, and more. ❇️ SFDR's impact: New ESG reporting obligations, including fund categorisation and sustainability-related disclosures. ❇️ Challenges faced: Data collection from portfolio companies for SFDR compliance. Understanding these regulations is crucial for AIFMs looking to maintain compliance and transparency in the evolving EU financial landscape. 🟠 Get expert support as we collaborate with Paul Hastings for EU and UK marketing enquiries. #AIFMD #SFDR #AlternativeInvestments #ESGCompliance #EURegulation #FinancialServices #ESGReporting
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Navigate the complexities of AIFMD and SFDR reporting in the EU! In their latest blog, Marc van Rijckevorsel, Alyson Yule, and Zach Milloy, and their team explore the critical aspects of investor and ESG compliance: https://okt.to/ZcrHx0 You’ll discover: ❇️ AIFMD Article 23 requirements: Comprehensive investor disclosures covering investment strategies, risks, and more. ❇️ SFDR's impact: New ESG reporting obligations, including fund categorisation and sustainability-related disclosures. ❇️ Challenges faced: Data collection from portfolio companies for SFDR compliance. Understanding these regulations is crucial for AIFMs looking to maintain compliance and transparency in the evolving EU financial landscape. 🟠 Get expert support as we collaborate with Paul Hastings for EU and UK marketing enquiries. #AIFMD #SFDR #AlternativeInvestments #ESGCompliance #EURegulation #FinancialServices #ESGReporting
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Navigate the complexities of AIFMD and SFDR reporting in the EU! In their latest blog, Marc van Rijckevorsel, Alyson Yule, and Zach Milloy, and their team explore the critical aspects of investor and ESG compliance: https://okt.to/1R5O4K You’ll discover: ❇️ AIFMD Article 23 requirements: Comprehensive investor disclosures covering investment strategies, risks, and more. ❇️ SFDR's impact: New ESG reporting obligations, including fund categorisation and sustainability-related disclosures. ❇️ Challenges faced: Data collection from portfolio companies for SFDR compliance. Understanding these regulations is crucial for AIFMs looking to maintain compliance and transparency in the evolving EU financial landscape. 🟠 Get expert support as we collaborate with Paul Hastings for EU and UK marketing enquiries. #AIFMD #SFDR #AlternativeInvestments #ESGCompliance #EURegulation #FinancialServices #ESGReporting
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Navigate the complexities of AIFMD and SFDR reporting in the EU! In their latest blog, Marc van Rijckevorsel, Alyson Yule, and Zach Milloy, and their team explore the critical aspects of investor and ESG compliance; https://okt.to/9tiwql You’ll discover: ❇️ AIFMD Article 23 requirements: Comprehensive investor disclosures covering investment strategies, risks, and more. ❇️ SFDR's impact: New ESG reporting obligations, including fund categorisation and sustainability-related disclosures. ❇️ Challenges faced: Data collection from portfolio companies for SFDR compliance. Understanding these regulations is crucial for AIFMs looking to maintain compliance and transparency in the evolving EU financial landscape. 🟠 Get expert support as we collaborate with Paul Hastings for EU and UK marketing enquiries. #AIFMD #SFDR #AlternativeInvestments #ESGCompliance #EURegulation #FinancialServices #ESGReporting
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The complete document can be found here: https://www.esma.europa.eu/sites/default/files/2023-05/JC_2023_18_-_Consolidated_JC_SFDR_QAs.pdf