Category:Retail Investor Funds

1
Europe: New Irish Fast-Track Filing Process for Fund Name Changes To Comply With ESG-Related Rules
2
Volunteer Fire Fighters: CFTC Attempts to Boost Integrity of Voluntary Carbon Credit Derivative Contracts With New Guidance for DCMS
3
The Fed’s Recent Interest Rate Cut: A Step in the Right Direction for PE Sponsors
4
Extension of Australia’s AML/CTF Regime to “Tranche-Two” Entities
5
Europe: BaFin Changes Its Process for Fund Passporting Into Germany
6
ASIC Seeks to Clarify the Scope of the “Authorised Representative” Exemption
7
Europe: Central Bank of Ireland Changing Notification Procedure for UCITS and AIF Passporting Applications
8
Europe: FCA Amends Opening Date for Registration of New UCITS Schemes Under UK Overseas Fund Regime
9
CME Group Clarifies and Emphasizes the Duty to Supervise Trading on its Markets
10
Europe: ESMA’s Call for Evidence on the UCITS Eligible Assets Directive Closes

Europe: New Irish Fast-Track Filing Process for Fund Name Changes To Comply With ESG-Related Rules

By: Áine Ní Riain and Gayle Bowen

The Central Bank of Ireland (CBI) has announced a streamlined filing process for Irish UCITS and AIFs seeking to change their name to comply with the European Securities and Markets Authority’s guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines).

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Volunteer Fire Fighters: CFTC Attempts to Boost Integrity of Voluntary Carbon Credit Derivative Contracts With New Guidance for DCMS

By Cheryl L. Isaac, Matthew J. Rogers, and Benjamin C. Skillin

On 20 September 2024, the Commodity Futures Trading Commission (CFTC) released final guidance regarding the listing of voluntary carbon credit (VCC) derivative contracts on CFTC-registered exchanges known as designated contract markets (DCMs). VCCs are tradable, intangible instruments issued by a carbon crediting program and generally represent the equivalent of one metric ton of carbon dioxide avoided or removed from the atmosphere. As with other commodities, the CFTC does not have regulatory authority over VCCs, but can promulgate guidance and regulations related to derivatives on VCCs.   

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The Fed’s Recent Interest Rate Cut: A Step in the Right Direction for PE Sponsors

By: Ed Dartley and Jamie M. Robinson

On 18 September 2024, the Federal Open Market Committee lowered the benchmark federal funds rate by 50 basis points to a target range of 4.75-5%. While this is welcome news on many levels, we expect that in the coming months it will have a real and positive impact on private equity sponsors, and particularly mid-sized and smaller sponsors.

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Extension of Australia’s AML/CTF Regime to “Tranche-Two” Entities

By: Jim Bulling and Anthony Shorten

On 11 September 2024, the Attorney-General introduced the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 (Cth) to the Federal Parliament, following two periods of consultation undertaken by the Department of the Attorney-General, and AUSTRAC over 2023 and 2024. 

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Europe: BaFin Changes Its Process for Fund Passporting Into Germany

By: Hilger Von Livonius, Emma O’Dwyer, Aoife Maguire, and Gayle Bowen

On 14 and 15 August 2024, the German Federal Financial Supervisory Authority (BaFin) updated the following guidance notices:

Guidance Notice on marketing of EU UCITS in Germany

Guidance Notice (2013) for marketing units or shares of EU AIFs or domestic special AIFs (Spezial-AIF) managed by an EU AIF management company to semi-professional and professional investors in the Federal Republic of Germany pursuant to section 323 of the Investment Code

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ASIC Seeks to Clarify the Scope of the “Authorised Representative” Exemption

By: Kane Barnett and Daniel Nastasi

The Australian Securities and Investments Commission (ASIC) has appealed certain findings in the recent decision in Australian Securities and Investments Commission v BPS Financial Pty Ltd [2024] FCA 457 (BPS Financial Decision) in relation to the scope of the authorised representative exemption. The authorised representative exemption is commonly relied upon and allows a person or entity to provide a financial service under the Corporations Act on behalf of the holder of an AFS licence without having to hold an AFS licence itself. 

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Europe: Central Bank of Ireland Changing Notification Procedure for UCITS and AIF Passporting Applications

By: Gayle Bowen, Emma O’Dwyer, and Aoife Maguire

The Central Bank of Ireland (CBI) is changing the process for the submission of UCITS and AIF passport notifications and de-notifications.

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Europe: FCA Amends Opening Date for Registration of New UCITS Schemes Under UK Overseas Fund Regime

By: Emma O’Dwyer, Aoife Maguire, and Gayle Bowen

The UK’s Financial Conduct Authority has put back the opening date for the application gateway for recognition of new UCITS schemes (i.e. those schemes not already registered under the Temporary Marketing Permissions Regime) under the OFR.

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CME Group Clarifies and Emphasizes the Duty to Supervise Trading on its Markets

By: Clifford Histed and Cheryl Isaac

If you or your company trades on CME, CBOT, NYMEX or COMEX (CME Group exchanges, collectively referred to herein as “CME”), you will need to take note of CME’s new Market Regulation Advisory Notice (MRAN), which became effective on 16 July. The new MRAN is called “Supervisory Responsibilities for Employees and Agents” and should be reviewed closely to understand CME’s expectations related to diligent supervision, including policies, trainings, monitoring, remediation and sanctions.

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Europe: ESMA’s Call for Evidence on the UCITS Eligible Assets Directive Closes

By: Áine Ní Riain and Michelle Lloyd

The European Securities and Markets Authority (ESMA) has today closed its Call for Evidence (CfE) on the review of the UCITS Eligible Assets Directive (EAD).

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