Fondos de gestión de activos y derecho de inversión de capital

Artículos Recientes

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  27.09.2023

  Europe

  The European Commission launches a consultation on the implementation of SFDR

  BackgroundThe European Union’s (the EU) Sustainable Finance Disclosures Regulation (SFDR) came into force in March 2021 and has kept the industry busy (and sometimes frustrated) since then with myriad updates and guidance.This landmark regime was designed as a transparency regulation, setting detailed disclosure requirements for financial market participants,  financial advisers and financial products in relation to sustainability issues. However, the widespread market sentiment is that SFDR is not functioning as intended for many reasons.Consequently, as SFDR approaches its third anniversary,...

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  26.09.2023

  United Kingdom

  FCA introduction of new regulatory gateway for firms which approve financial promotions

  BackgroundUnder section 21 of FSMA, currently any firm that is authorised under the Financial Services and Markets Act 2000 (FSMA), may approve a financial promotion by another unauthorised person. However, the government is concerned that the current framework is no longer sufficient and gives rise to risks. The FCA is particularly concerned with the promotion of high-risk investments and ‘Buy-Now Pay Later’ (BNPL) products. The FCA has seen examples of promotions that do not warn consumers of the risks, such as the taking on of debt, missed payments and other consequences. The FCA...

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  31.08.2023

  United Kingdom

  AI in financial services – Autumn 2023 update

  Over the course of 2023, artificial intelligence (“AI”) has continued to rise up the regulatory and business agenda. Ahead of several important policy announcements in Autumn/Winter 2023, we have prepared an update on recent regulatory developments in AI and upcoming milestones for the financial services sector.  The update includes a summary of the UK Government AI White Paper consultation, which is due to report back by the end of September, an overview of recent areas of focus for the UK financial services regulators in relation to AI, an update on the current status...

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  22.08.2023

  Luxemburgo

  CSSF clarifications on registration of virtual asset service providers are available!

  On 17 August 2023, the Commission de Surveillance du Secteur Financier (the « CSSF ») published frequently asked questions (the “Q&As”) on virtual asset service providers (the “VASPs”) to supplement its previous Q&As on (i) virtual assets for credit institutions and undertakings for collective investments and (ii) the fight against money laundering and terrorist financing (“AML/CTF”) for individuals/investors.The twenty Q&As are based on the current Luxembourg laws and do not take into consideration EU texts such as the regulation...

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  09.08.2023

  Luxembourg, UK

  Luxembourg ratifies amendments to UK-Luxembourg tax treaty - key considerations for investors

  On 19 July 2023 Luxembourg ratified the text of the new tax treaty between the UK and Luxembourg (the Treaty). The UK ratified the Treaty last year. Changes that we addressed in our previous article will now enter into force after 1 January 2024 replacing provisions of the treaty signed in 1967.Due to the fact that the tax year in the UK is ‘shifted’ from the calendar year, certain provisions will enter into force throughout the course of 2024. More details are set out in our previous articles but investors will have to take into consideration the following changes.Residence test and...

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  24.07.2023

  United Kingdom

  Future regulatory regime for ESG ratings providers: the wholesale markets response

  On 30 June 2023, the International Swaps and Derivatives Association ("ISDA”) and the Association for Financial Markets in Europe (“AFME”) (the “Associations”) published a Joint Associations Response (the “Industry Response”) to HM Treasury’s Consultation on the future regulatory regime for environmental, social and governance (“ESG”) ratings providers (the “Consultation”). We have previously written about the development of a Voluntary Code of Conduct for ESG Ratings and Data Product Providers (the “Voluntary Code”)....

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