Regulatory notices

On January 31, 2024, the Commission de Surveillance du Secteur Financier in Luxembourg updated its technical guidance on AIFMD reporting.

Following the addition of a third channel to submit AIFMD reporting to the Commission, the technical guidance includes now the eDesk link.

On January 30, 2024, the HMT notified the House about the Government findings EEA states including EU member states equivalent under the Overseas Funds Regime.

This decision will concern the UCITS except Money Market Funds (MMF) due to the related ongoing regulatory developments.

The Consob has published its new tariff for the marketing in Italy of Undertaking for collective investments in transferable securities (UCITS), European Long Term investment funds and other Alternative investment funds.

The regulation (EU) 2022/1917 (ECB/2022/31) of the European Central Bank of 29 September 2022 on infringement procedures in cases of non-compliance with statistical reporting requirements will be applicable from 30 April 2024 to statistical data collected by the Banque centrale du Luxembourg (BCL) for the statistical collections listed in Annex I that includes investment funds.

End of last year, ESMA published a new version of its “QA on MiFID and MiFIR investor protection and intermediaries topics”.

ESMA updated a question on the aggregation of fees in the section Information on costs and charges and provides clarification on how indicate the parts of the total costs and charges paid in or represented in an amount of foreign currency in investment firms ex-ante and ex-post costs and charges disclosures.

In a communication published on its website at the beginning of the year, the FCA confirmed that the Temporary Marketing Permission Regime will remain in place until 31 December 2025.

This period will allow the EEA funds marketed in UK prior Brexit to be authorised under the new Overseas Funds Regime (OFR) that will take effect on 1st of July 2024.

This notice contains the remaining documents updated by the SFC not attached to the previous alert on the same topic.

At year-end 2023, the Securities and Futures Commission updates several funds guidances, frequent asked questions and information checklists impacting the marketing of funds in Hong Kong as well as the distribution of European funds.

We have reviewed the new documents and set out below the main changes identified.

Following the implementation of the (de)notification processes via CSSF eDesk portal applicable on 2nd of January 2024, the Commission de Surveillance du Secteur Financier updated its FAQ CBDF on notification procedure.