Good Work Takes Time: AIFMD 2 And UCITS 6 Are About To Enter Into Force

AM
Arendt & Medernach
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Arendt combines the entire value chain of services dedicated to Asset Managers, Banks, Insurers, Public Institutions and Private Clients operating in Luxembourg.

-Legal & Tax
-Regulatory & Consulting
-Investor Services

Legal & Tax

We assist clients in structuring and running their business from a legal and tax standpoint across Luxembourg. Our teams directly serve international clients or work in close collaboration with foreign partner law firms.

Together with our regulatory consultants and investor services experts, we bridge the gap between legal/tax advice and its implementation. We deliver best-in-class services along our clients’ business life cycles.

The 450 legal experts of Arendt & Medernach have a wealth of experience in a wide variety of specialisations. Together, they are able to advise on a complete range of 15 complementary practice areas, including Investment Management, Private Equity, Banking and Corporate Law.

On 26 March 2024, Directive (EU) 2024/927 amending Directives 2011/61/EU (AIFMD) and 2009/65/EC (UCITS Directive) as regards delegation arrangements, liquidity risk management...
European Union Finance and Banking
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With the publication of the Directive amending the AIFMD and the UCITS Directive, legislative amendments to the AIFMD and the UCITS Directive reflecting industry and regulatory developments are about to enter into force. The revised regime will apply as from 16 April 2026, with the exception of measures concerning regulatory reporting, which will apply as from 16 April 2027.

On 26 March 2024, Directive (EU) 2024/927 amending Directives 2011/61/EU (AIFMD) and 2009/65/EC (UCITS Directive) as regards delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and custody services and loan origination by alternative investment funds (Amending Directive) was published in the Official Journal of the EU.

More than 10 years after the AIFMD was adopted, legislative amendments to the AIFMD and the UCITS Directive are about to enter into force to reflect industry and regulatory developments in the alternative investment funds and UCITS sectors. For a summary of the new regime, read more here_

Entry into application

The Amending Directive will enter into force on 15 April 2024, which is 20 days following its publication. Member States will now have 24 months to implement the Amending Directive into their national legislation.

Therefore, Member States will be required to apply the amending measures by 16 April 2026. However, it should be noted that there is an exception to this: the measures implementing the reporting requirements (Article 24 of the AIFMD and Article 20a of the UCITS Directive) must be applied by 16 April 2027.

Fine-tuning the AIFMD framework and targeted harmonisation with the UCITS Directive

The EU Commission published a legislative proposal to amend the AIFMD and the UCITS Directive in November 2021. Acknowledging that the AIFMD has worked well and has largely achieved its objectives of establishing an effective supervisory framework for AIFMs, thereby ensuring high levels of investor protection and facilitating the creation of the EU AIFM market, the EU Commission proposed fine-tuning the AIFMD framework and suggested a targeted harmonisation with the UCITS regime. For a summary of the legislative proposal, read more here_

How we can help

Arendt's dedicated Fund Formation Team will continue to follow the development of the level 2 measures under the new regime and the Luxembourg implementation. In the meantime, the Fund Formation Team can assist with all legal and regulatory matters in this area.

To access the text of the Amending Directive (Directive (EU) 2024/927), click here_

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Good Work Takes Time: AIFMD 2 And UCITS 6 Are About To Enter Into Force

European Union Finance and Banking
Contributor

About Arendt

Arendt combines the entire value chain of services dedicated to Asset Managers, Banks, Insurers, Public Institutions and Private Clients operating in Luxembourg.

-Legal & Tax
-Regulatory & Consulting
-Investor Services

Legal & Tax

We assist clients in structuring and running their business from a legal and tax standpoint across Luxembourg. Our teams directly serve international clients or work in close collaboration with foreign partner law firms.

Together with our regulatory consultants and investor services experts, we bridge the gap between legal/tax advice and its implementation. We deliver best-in-class services along our clients’ business life cycles.

The 450 legal experts of Arendt & Medernach have a wealth of experience in a wide variety of specialisations. Together, they are able to advise on a complete range of 15 complementary practice areas, including Investment Management, Private Equity, Banking and Corporate Law.

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