The Netherlands

Topic: Collective investment schemes

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European Parliament draft report on proposal for a directive amending the AIFMD and UCITS IV Directive as regards delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and custody services and loan origination by alternative investment funds

On 16 May 2022, the European Parliament published a draft report concerning the proposal for a directive amending the Alternative Investment Fund Managers Directive (AIFMD) and UCITS IV Directive as regards delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and custody services and loan origination by alternative investment funds. The draft report sets … Continue Reading

ESMA guidelines on stress test scenarios under the MMF Regulation

On 4 May 2022, the European Securities and Markets Authority (ESMA) published the official translations of its guidelines on stress test scenarios under the Regulation on money market funds (MMF Regulation). The guidelines apply in relation to Article 28 of the MMF Regulation and establish common reference parameters for the stress test scenarios to be … Continue Reading

Decree Implementing UBO register for trusts and similar legal arrangements published in Dutch Government Gazette

On 2 May 2022, the Implementation decree concerning the registration of beneficial owners of trusts and similar legal arrangements (Implementatiebesluit registratie uiteindelijk belanghebbenden van trusts en soortgelijke juridische constructies, the Implementation Decree) was published in the Dutch Government Gazette (Staatsblad). The Implementation Decree, together with the Implementation act concerning the registration of beneficial owners of trusts and … Continue Reading

Commission targeted consultation on MMFs

On 12 April 2022, the European Commission launched a targeted public consultation intended to evaluate the Regulation on money market funds (MMF Regulation). The objective of the consultation is to seek feedback on the functioning of the regulatory framework and to collect data, in particular economic data, on the use of MMFs. The deadline for … Continue Reading

IOSCO seeks feedback on market liquidity issues affecting corporate bond markets under stress and good practices concerning ETFs

On 6 April 2022, the International Organisation of Securities Commissions (IOSCO) published a report, Corporate bond markets – drivers of liquidity during COVID-19 induced market stresses. The report analyses the work of the IOSCO working group on corporate bond market liquidity, which was tasked with analysing the corporate bond market microstructure, resilience and liquidity provision … Continue Reading

ESMA and NCAs find room for improvement in funds’ liquidity stress testing

On 30 March 2022, the European Securities and Markets Authority (ESMA) announced that following a supervisory engagement with investment funds and Member State national competent authorities (NCAs) it had found some room for improvement in funds’ liquidity stress testing. This year the ESMA will facilitate further discussion among NCAs on the application of its liquidity … Continue Reading

ESMA speech on key priorities for the asset management industry in 2022

On 30 March 2022, the European Securities and Markets Authority (ESMA) published a speech given by Natasha Cazenave, Executive Director at the ICI Investment Management Conference. The speech is entitled Key priorities for the asset management industry in 2022: sustainable finance and systemic risk and focusses on: Developing a framework for the asset management industry … Continue Reading

ESRB publishes letters to the Council Working Party and the European Parliament on AIFMD

On 23 March 2022, the European Systematic Risk Board (ESRB) published a letter to the Council Working Party and the European Parliament on the Directive on Alternative Investment Fund Managers (AIFMD) Review. The European Commission’s proposal reflects most of the considerations presented by the ESRB; they particularly welcome the proposal to increase the availability of … Continue Reading

Public consultation of Decree implementing Delegated Directives regarding integration of sustainability factors and risks

On 21 March 2022, the Decree implementing Commission Delegated Directives (EU) 2021/169 and 2021/1270 (Besluit implementatie gedelegeerde richtlijnen (EU) 2021/1269 en 2021/1270, the Implementation Decree) was published for public consultation by the Dutch Minster of Finance. Commission Delegated Directive (EU) 2021/1270 amends Commission Delegated Directive 2010/43/EU thereby imposing obligations on management companies of Undertakings for Collective Investment in … Continue Reading

ECA special report on the single market for investment funds

On 21 February 2022, the European Court of Auditors (ECA) published a special report concerning its findings following an audit during the period 2016 to July 2021 which examined how the EU set up a single market for investment funds. The special report concludes that EU actions have enabled a single market for investment funds … Continue Reading

ESMA proposes reforms to improve resilience of MMFs

On 16 February 2022, the European Securities and Markets Authority (ESMA) issued a final report containing an opinion setting out proposed reforms to the regulatory framework for money market funds (MMFs).  The final report is the outcome of the work that ESMA conducted on the reforms of the EU MMF regulatory framework in light of … Continue Reading

ESMA final report on guidelines on stress test scenarios under the MMF Regulation

On 14 February 2022, the European Securities and Markets Authority (ESMA) issued a final report containing updated guidelines that apply in relation to Article 28 of the Regulation on money market funds and establish common reference parameters for the stress test scenarios to be included in the stress tests conducted by money market funds (MMFs) … Continue Reading

ESRB policy recommendation increasing the resilience of MMFs

On 25 January 2022, the European Systematic Risk Board (ESRB) published a policy recommendation intended to contribute to the European Commission’s forthcoming 2022 review of the Regulation on money market funds (MMF Regulation) to address persisting systemic vulnerabilities in certain sub-sectors of private debt MMFs. The Recommendation reflects the aim of an earlier ESRB recommendation … Continue Reading

ESMA CSA on the valuation of UCITS and open-ended AIFs across the EU

On 20 January 2022, the European Securities and Markets Authority (ESMA) announced that it was launching a Common Supervisory Action (CSA) with Member State competent authorities on the valuation of UCITS and open-ended Alternative Investment Funds (AIFs) across the EU. Throughout 2022 the CSA will focus on authorised managers of UCITS and open-ended AIFs investing … Continue Reading

New online briefing note – European Commission’s AIFMD legislative proposal: Focus on delegation

We have published a new online briefing note on the European Commission’s AIFMD legislative proposal focussing on delegation.… Continue Reading

AIFMD light reports to be submitted via the AFM’s Digital Portal

As of 1 January 2022 it is expected that all managers of alternative investment funds which have registered for the AFM ‘light’ regime (Light AIFMs) will need to submit their AIFMD reports to the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) instead of the Dutch Central Bank (De Nederlandsche Bank). Light … Continue Reading

Commission proposal to amend ELTIF Regulation

On 25 November 2021, the European Commission published a proposal for a Regulation amending the Regulation on European long-term investment funds (ELTIFs). The changes relate to the scope of eligible assets and investments, the portfolio composition and diversification requirements, the borrowing of cash and other fund rules and as regards requirements pertaining to the authorisation, … Continue Reading

Commission proposal regarding delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and custody services and loan origination by AIFs

On 25 November 2021, the European Commission published a proposal for a Directive that would amend the Alternative Investment Funds Managers Directive (AIFMD) and UCITS Directive as regards delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and custody services and loan origination by alternative investment funds. Pages 11 to 16 of the proposal … Continue Reading

nvestment Association/Norton Rose Fulbright: Model Discretionary Investment Management Agreement (V 3.0)

On 4 November 2021, the Investment Association published version 3.0 of its model discretional investment management agreement, in co-operation with Norton Rose Fulbright. The model agreement is a template agreement relating to the appointment of a discretionary investment manager by a client that has been categorised by the manager as a professional client. The model … Continue Reading

AFM publishes report on compliance with AML/CTF and sanction rules by AIFMs

On 27 October 2021, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published a report on how managers of alternative investment funds (AIFMs) comply with the Act on the prevention of money laundering and terrorist financing (Wet ter voorkoming van witwassen en financieren van terrorisme, Wwft) and the Sanctions Act 1977 … Continue Reading

Amendment Act Financial Markets 2022 submitted to Dutch Parliament

On 25 October 2021, the Dutch Minister of Finance submitted the legislative proposal for the Amendment Act Financial Markets 2022 (Wijzigingswet financiële markten 2022) to the Dutch Parliament. The Amendment Act Financial Markets 2022 contains changes to key legislation relevant to the Dutch financial markets, including, but not limited to, the Act on the Financial … Continue Reading

European Parliament draft reports

On 18 October 2021, the European Parliament published the following reports: Draft Report on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC as regards the use of key information documents by management companies of undertakings for collective investment in transferable securities (UCITS) (PE697.633v01-00) (dated 14 October 2021). … Continue Reading

FSB report – Policy proposals to enhance money market fund resilience

On 11 October 2021, the Financial Stability Board (FSB) published a report which forms a key part of its work programme on non-bank financial intermediation. The policy proposals in the report aim to address systematic risk and minimise the need for future extraordinary central bank interventions to support the sector alongside enhancing money market fund … Continue Reading

IFR/IFD changes reporting to DNB

On 6 October 2021, the Dutch Central Bank (De Nederlandsche Bank, DNB) published a news item on its website drawing attention to the fact that from 1 October 2021 regulatory reporting for investment firms, fund managers and investment holdings had changed in a number of important areas. The changes were due to the entry into … Continue Reading
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