On October 31, HM Treasury published its response (Response) to the consultation it conducted in Q4 2015 (Consultation) on the United Kingdom’s implementation of the UCITS V Directive (2014/91/EU) (UCITS V). The objective of UCITS V was to make certain changes to the existing UCITS legislative framework to assist in further enhancing the global appeal of the UCITS brand for investors.
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UCITS V
ESMA Publishes Final UCITS V Remuneration Guidelines
On March 31, the European Securities and Markets Authority (ESMA) published final guidelines on sound remuneration policies for staff, under the Undertakings for the Collective Investment in Transferable Securities V (UCITS V) Directive (UCITS V Guidelines). ESMA also published an amendment to the Alternative Investment Fund Managers Directive (AIFMD) remuneration guidelines (AIFMD Remuneration Guidelines), and confirmed it has written a letter to the European Commission, European Parliament and European Council calling for further clarity on proportionality in relation to the remuneration principles.
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UK Government Publishes Implementing Regulations for UCITS V
On February 25, the UK government published the Undertakings for Collective Investment in Transferable Securities Regulations 2016 (Regulations) along with an explanatory memorandum and transposition table. The Regulations implement provisions in the EU Undertakings for the Collective Investment of Transferable Securities V Directive (UCITS V) in relation to depositaries and sanctions, among other provisions.The Regulations set out amendments to the Financial Services and Markets Act 2000 (FSMA 2000) and the Undertakings for Collective Investment in Transferable Securities Regulations 2011 (UCITS Regulations), among others.
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