{{ languageVal }}
  • English

Analysis & Insights

Cross-border fund distribution proposals

08 Feb 2019

The European Commission has welcomed a political agreement reached on 5 February 2019 between the European Parliament and EU Member States on new rules to facilitate the cross-border distribution of investment funds by removing certain existing regulatory requirements in an effort to make cross-border distribution more cost effective as well as providing certainty around pre-marketing activities. In particular, the inclusion of a harmonised definition of pre-marketing in AIFMD will permit certain pre-marketing activities prior to an AIF being established to allow asset managers to test the appetite of potential professional investors for a particular investment idea or strategy.

The proposals align national marketing requirements and regulatory fees, and harmonise divergent national competent authority rules and requirements for the verification of marketing materials. The resulting transparency and competition will give investors more choice at lower costs without compromising on investor protection.

This forms part of a package of legislative initiatives published by the European Commission in March 2018, aimed at completing the Capital Markets Union.  The Maples Group's previous UCITS and AIFMD update on cross-border fund distribution proposals is available here. 

Related Services

Funds & Investment Management

Advising on the laws of the BVI, the Cayman Islands, Ireland, Jersey and Luxembourg, our global Funds & Investment Management team provides expert legal advice on every aspect of the life cycle of an investment fund including set up, management and investment across a broad range of fund structures and management entities.  

Global Registration Services

The Maples Group's Global Registration Services is integrated within our Funds & Investment Management Group and provides cross-border fund registration services in all key distribution markets across Europe, Asia, Latin America and the Middle East.  Our core services provide support throughout the distribution chain to include market intelligence, market entry and maintenance of ongoing reporting and filing obligations.