Regulatory Round-up: March 2021

Regulatory Round-up: March 2021

With the end of the first quarter of the year, March brought with it a number of developments on a range of areas, including: UCITS & AIFMD, Money Market Fund Regulation, Liquidity Risk Management, Short Selling, ESG and ELTIF Regulation. See below this month’s regulatory round-up to read about these developments and many more we tracked throughout March.

UCITS Liquidity Risk Management ESMAs 11 Areas for Improvement

UCITS Liquidity Risk Management: ESMA’s 11 Areas for Improvement

ESMA has published the results of the 2020 Common Supervisory Action (CSA) on UCITS liquidity risk management (LRM). UCITS are characterised by the offer to investors of on-demand liquidity. Article 84(1) states that UCITS shall repurchase or redeem its units at the request of any unit-holder. If the assets held within the fund cannot be sold quickly to meet redemption requests, there could be severe issues in paying redeeming investors. This can be exacerbated in times of stress when investors may look to redeem en masse whilst the market for the assets is drying up.

UCITS Eligible Markets – Regulated, Operates Regularly, Open to the Public

UCITS Eligible Markets – Regulated, Operates Regularly, Open to the Public

Following the end of the transition period, on the 1st January 2021, COLL 5.2.10 was updated to include the “United Kingdom“. COLL 5.2.10 of the Sourcebook now reads that a market is eligible under the “UK UCITS” regime, if it is: A regulated market; A market in the United Kingdom or an EEA State which is regulated, operates regularly and is open to the public.

Are you complying with the cost related provisions of the UCITS framework?

Are you complying with the cost related provisions of the UCITS framework?

Yesterday, ESMA announced that it will be launching a Common Supervisory Action (CSA) with national competent authorities (NCAs) on the supervision of costs and fees of UCITS across the European Union. The CSA aims to assess the compliance of supervised entities with the relevant cost-related provisions in the UCITS framework, and the obligation of not charging investors with undue costs.

During the CSA, national competent authorities will take into account the supervisory briefing on the supervision of costs published by ESMA in June 2020.

Asset Managers Need to Step Up Their Liquidity Efforts – ESMAs Five Key Priorities

Asset Managers Need to Step Up Their Liquidity Efforts – ESMA’s Five Key Priorities

Throughout the year regulators have focused on liquidity, and as this year draws to a close, that focus shows no signs of diminishing. “Asset managers need to step up their efforts to ensure the liquidity of their funds is adequately managed and that they are prepared for future shocks” – that was the closing remarks from Steven Maijoor’s Keynote Address at EFAMA’s Investment Management Forum which heavily focused on liquidity risk.