The AIFMD is one of the pillars of EU regulation for investment funds, crucial to the development of the Capital Markets Union and the EU’s post-pandemic economic recovery. Since 2010 the AIFMD has set high standards of harmonisation in the alternative investment fund management sector. It currently provides a consistent regulatory approach to potential risks of the financial system, better coordinated supervision, and a high level of investor protection.
EFAMA’s priority will be to ensure low touch review of the framework, and continue facilitating exchange of information amongst members to ensure the highest standards in the application of the measures.
EFAMA welcomes the opportunity to respond to the European Commission’s Green Paper on retail financial services. Widening the opportunities for European citizens to save and invest will facilitate better outcomes both for savers and the wider European economy.
EFAMA fully shares the goals of a Single Market for retail financial services in the EU, i.e.:
1. Promoting an EU-wide market in retail financial services that can facilitate cross-border business and consumer choice.
Our corporate members are both subsidiaries of an EEA parent that is a credit institution as per Article 4(1)(1) of the CRR, or stand-alone investment firms as per Article 4(1)(2) of the CRR. Both types of entities risk becoming subject to the Maximum Ratio Rule as asset management companies licensed under either a UCITS or AIFM management company license, or licensed as investment firms under the MiFID regime to provide discretionary portfolio management services on a client-by-client basis.
As the EU Member States conclude technical discussions around the AIFMD & UCITS review, EFAMA would like to congratulate the European Commission and the co-legislators for keeping the key elements of both Directives intact during their review. These frameworks lie at the core of a well-functioning and resilient funds market and this agreement is a welcome step forward for the funds industry, investors and the Capital Markets Union project.
EFAMA welcomes the European Securities and Market Authority’s continuous commitment to creating a single market for investment funds, confirmed by the draft regulatory standards currently under consideration. These RTS/ITS would further harmonise information that asset managers should provide to their national competent authorities before marketing or managing an investment fund on a cross-border basis, thus facilitating intra-EU product distribution.
For immediate release, Brussels - EFAMA welcomes the adoption by Council of its general approach to the AIFMD and UCITS reviews today. We commend the swift progress made by the French Presidency in this regard and its thorough approach to the review.
Funds face unique challenges in performing intermediary oversight, and especially so because of MiFID II requirements, changing regulatory landscapes, and the absence of an industry agreed-upon standard between funds and their distribution channels. To help address these challenges, a dedicated working group developed a uniform due diligence questionnaire (DDQ) that will serve as the standard for investment funds (UCITS and AIFs) in performing onboarding and ongoing oversight of distribution channels.
In 2019, AMIC and EFAMA decided to update their 2016 report “Managing Fund Liquidity Risk in Europe” following important policy and regulatory developments at EU and international levels. The purpose of this updated report is to outline the practical liquidity risk management processes which fund management companies put in place when setting up a fund and implement throughout the life of the fund. Also, the report describes the existing European and international regulatory frameworks in the area of fund liquidity risk management.
