Regulatory notices

On 17 November 2022, the European Securities and Markets Authority (ESMA) launched a consultation on the review of the technical standards under Article 34 of MiFID II.

Today, ESMA published a consultation paper on Guidelines on funds’ names using ESG or sustainability-related terms.

This consultation paper aims to develop Guidelines on funds’ names with ESG or sustainability-related terms with more specific guidance compared to the supervisory briefing on sustainability risks and disclosures in the area of investment management.

Yesterday, the CSSF communicated on the launch of a standardises prospectus template for UCITS.

On 15 of November the ESAs published a call for evidence on better understanding greenwashing.

The aim of this call of evidence is seeking input on potential greenwashing practices in the whole EU financial sector, including banking, insurance, and financial markets, and which may be relevant to various segments of the sustainable investment value chain and of the financial product lifecycle.

After many years of exemption, the AFM announced last week that non-EU AIFMs shall have to report Annex IV from April 2023 on Q1 2023 via the AFM Portal.

At the end of October, the ESAs’ Joint Committee wrote a letter to the European Commission Financial Stability, Financial Services, and the Capital Market Union Directorate at the end of October to inform the Commission of a delay in providing its input on the SFDR Principal Adverse Impact indicators and financial product disclosures.

Friday 11 November 2022, the Commission de Surveillance du Secteur Financier published an update of its Frequent Asked Questions on the Cross Border Distribution of Funds regulation.

Last week, the AMF published several updates of its policy impacting both the French collective investment schemes and the foreign funds marketed in France.

The CSSF published a communication on 9 November 2022 prolonging the fast-track procedure to obtain the visa on the prospectus modified to comply with the provision of the SFDR RTS that will apply from 1st of January 2023.