European Commission Proposes Harmonised Pre-Marketing Rules for Funds

15 March 2018
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Key takeaways:

  • On 12 March 2018, the European Commission issued a proposal for a Directive amending the AIFM Directive, along with a proposal for a Regulation on facilitating cross-border distribution of funds.
  • The proposals are intended to improve cross-border capital investment flow. However, they introduce a restrictive definition of pre-marketing which, against the aim of the proposals, will make cross-border marketing more difficult.
  • In addition, the proposals introduce complicated new rules on de-notification, the benefit and practical relevance of which seem unclear.