Laws and Regulations

International financial regulators, considering lessons learned from defusing systemic risks in the banking sector, have set their sights on similar risk tools to reduce the systemic risks associated with open-ended bond funds. An industry representative claims that such macroprudential tools won’t work as regulators don’t fully understand how fund management works. The markets, meanwhile, have little faith that regulators can effectively resolve this daunting conundrum.

Fund selectors are by no means in pause mode around the introduction of the next level of sustainability regulation, now that SFDR level 2 has been postponed by six months. They are busy collecting data, against a background of seemingly increasing complexity, according to responses to Fondsnieuws from chief operating officer Monique Molenaar-Vader of IBS Capital Allies and chief investment officer Kees Verbaas of Altis Investment Management.

On the last day of the year, the European Commission secretly circulated a plan to classify the fossil fuel natural gas and nuclear power as ‘sustainable’ investments. It seems the Commission will not publicly consult on this plan - the second chapter of the EU ‘taxonomy’ - while it did so three times for the first chapter, which dealt with renewable energy. 

Cryptocurrencies are causing the European Central Bank increasing concern. This exotic market segment operates outside the domain of central banks and, according to specialists, can undermine monetary and financial stability. This form of alternative liquidity is a highly undesirable development, according to Sylvester Eijffinger, emeritus professor of financial economics at Tilburg University and visiting professor at Harvard University’s economics department.

The reaction to recent European Commission proposals for AIFMD II reform from Luxembourg finance industry participants was positive. On the whole, changes have been kept to a minimum. For Luxembourg this means the alternative fund industry’s current business model does need to change, but the country will have to manage some more back-office tasks, and needs to ensure some more substance.

Goodbye to the UCITS KIID and hello to the PRIIPs KID for UCITS and retail AIFs. The European Parliament approved on Tuesday the legislation introducing the Packaged Retail Investment and Insurance-based Products Key Information Document (PRIIPs KID.

There is still no uniform European investor protection as envisaged by MiFID II, according to research conducted by Ronald Janssen of Ortec Finance and Tom Loonen of the Free University of Amsterdam in a survey of 25 European private banks. Their research shows that private banks in Europe have different approaches to the concept of Know Your Customer (KYC) and use different levels of detail in implementing it. Also, that none of the banks has a fully digitalised process.

A majority of nearly 3,000 risk managers admit that the pandemic has led to more careless due diligence checks and a more sloppy handling of the Know Your Customer (KYC) principle. In addition, 71 per cent of respondents report that cybercrime is harder to contain because of remote working.

The CSSF was pleased with how Luxembourg’s fund sector withstood the acute phase of the Covid crisis, declaring itself positive about the sector’s performance on risk and liquidity, but drawing attention to some potential weak spots, in its recently published 2020 annual report.

The U.S. Securities and Exchange Commission (SEC) is investigating DWS. The stock market watchdog is investigating an accusation that the German asset manager falsely made certain sustainability claims.