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Anne-Gaëlle Delabye
Partner | Legal
Luxembourg Legal Services
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Anne-Gaëlle Delabye
Partner
Luxembourg Legal Services
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Insight
17 June 2021
Luxembourg Legal Services
2 min read
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On 27 May, the European Securities and Markets Authority (ESMA), published the final report on its Guidelines under the EU Regulation on cross-border distribution of investment funds (the Regulation)[1].
These Guidelines further specify the requirements to be met by AIFMs, EuVECA managers, EuSEF managers and UCITS management companies for the funds under their management with regard to any marketing communications addressed to investors.
By way of reminder, the basic requirements as set out under the Regulation are for any marketing communications to:
The Guidelines provide guidance as to the interpretation of these requirements and include examples on the types of marketing communications which may be considered in scope of the Regulation, precisions on the identification of marketing communications as such, and specifications of requirements related to the suitability towards targeted investors, consistency with other funds documents, as well as descriptions of investment performances, risks, rewards and costs linked to them.
The date of application of the Guidelines is set to 6 months following the translation into and publication on ESMA's website in all EU official languages
[1] Regulation (EU) 2019/1156 of the European Parliament and of the Council of 20 June 2019 on facilitating cross-border distribution of collective investment undertakings and amending Regulations (EU) No 345/2013, (EU) No 346/2013 and (EU) No 1286/2014
Anne-Gaëlle Delabye
Partner | Legal
Luxembourg Legal Services
Anne-Gaëlle Delabye
Partner
Luxembourg Legal Services
Contact Anne-Gaëlle
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Milan Hauber
Managing Associate | Legal
Luxembourg Legal Services
Milan Hauber
Managing Associate
Luxembourg Legal Services
Contact Milan
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Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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