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Financial Services Regulation and Compliance - Funds November 2024

Asset Management & Investment Funds

Financial Services Regulation and Compliance - Funds November 2024

Domestically, the CBI updates its filing process to implement ESMA’s guidelines on funds’ names using ESG or sustainability-related terms. At European level, ESMA published a response to the EU Commission consultation on non-bank financial intermediation.

Thu 19 Dec 2024

3 min read

Domestic

CBI timeframes for applications with a year-end effective date

The Central Bank of Ireland (CBI) issued timeframes for receipt of applications that are seeking a Christmas or year-end effective date for: QIAIF authorisations, approvals and notings; ICAV registrations; revocation applications; UCITS and RIAIF authorisations, approvals and notings and fund service provider authorisations.

CBI updates its streamlined filing process for implementation of ESMA’s guidelines on funds’ names using ESG or sustainability-related terms

The CBI updated the streamlined filing process which it established to facilitate updates to fund names made in order to bring UCITS and AIFs into compliance with ESMA’s guidelines on funds’ names using ESG or sustainability-related terms.

CBI clarification of UCITS ETF naming requirements at share class level

The CBI updated its UCITS Q&As to clarify that the UCITS ETF identifier can be included at the level of a sub-fund or a share class. As recently noted by CBI Deputy Governor Derville Rowland, this will provide greater clarity for fund managers and investors, particularly where the fund has both listed and unlisted share classes.

CBI requirements for ELTIFs which are open-ended with limited liquidity

The CBI updated its ELTIF application form to reflect the coming into force of (EU) 2024/2759 RTS relating to the ability to establish open-ended ELTIFs. Information relating to the authorisation process for ELTIFs has also been updated. The authorisation process for ELTIFs will vary depending on the targeted investor type (retail, professional or qualified investor).

CBI speech

Patricia Dunne, CBI Director of Securities and Markets Supervision, spoke at the Irish Funds Annual UK Symposium. She spoke of regulatory engagement, evolution of the ETF sector, growth of more complex products and changes to the CBI’s supervisory approach.

European

ESMA response to the EU Commission consultation on Non-Bank Financial Intermediation (NBFI)

ESMA issued its response to the European Commission consultation on assessing the adequacy of macroprudential policies for NBFI.

ESMA speech on financial stability, the UCITS brand and T+1

ESMA chairperson, Verena Ross, spoke at EFAMA’s investment management forum. She highlighted the significant changes in the political landscape, including a new European Parliament, a new European Commission, and a new US President, and their impact on ESMA and market players.

Report on the principal adverse impact (PAI) disclosures under the Sustainable Finance Disclosure Regulation (SFDR)

The ESAs published a report on PAI disclosures under SFDR, building on previous reports. This report concerns PAI disclosures published up to 30 June 2023, for the period from 1 January 2022 to 31 December 2022.

Listing Act: consultation on the Prospectus Regulation, call for evidence on prospectus liability

ESMA published a consultation paper to inform its draft technical advice for the Prospectus Regulation and on updating the CDR on metadata. ESMA launched a call for evidence in relation to prospectus liability. ESMA also launched a consultation to inform its technical advice to the European Commission on proposed amendments to the research provisions in the MiFID II Delegated Directive in light of changes to be introduced by the Listing Act.

For more information on these topics please contact any member of A&L Goodbody's Asset Management & Investment Funds team.

This publication provides an overview of certain legal and regulatory developments that may be of interest to certain entities. It does not purport to provide analysis of law or legal advice and is strictly for information purposes only.