Jan Saalfrank

The first quarter of 2024 has lapsed and there are only less than three quarters to go for the implementation of the Digital Operational Resilience Act (Dora). Dora will apply to most EU financial entities, including (Ucits) management companies alternative investment fund managers (AIFMs), as well as ICT third-party service providers (including providers of cloud computing services, software, data analytics services and data centres).

A focus on sustainability, digital resilience, and regulatory compliance will significantly influence investment strategies and operations, demanding heightened vigilance and adaptability from global asset managers. As Investment Officer Knowledge Partners, Tom Loonen, Lous Vervuurt and Jan Saalfrank at Pinsent Masons review key developments in Luxembourg and Dutch fund matters.

Financial supervisors across Europe are actively providing industry guidance on sustainability claims that financial firms attach to their products. EU-level guidance calls for communications with investors that is fair, clear and not misleading. In Luxembourg, CSSF has outlined its expectations of investment fund managers in a thematic review published in August.

On 11 July 2023, the European Securities and Markets Authority (Esma) updated its guidance in relation to the definition of “advice”. This was rendered through a supervisory briefing which basically an update of the previous Q&As issued by CESR - Esma’s predecessor - on this topic.

The Luxembourg legislator has done it again: with Bill 8183 (the “Bill”), which entered into force on 28 July 2023 after passing the Luxembourg Parliament, the Luxembourg funds toolbox has been carefully modernised, write Pinsent Masons’ Tom Loonen, Lous Vervuurt and Jan Saalfrank in their latest contribution as Investment Officer knowledge partner.

Costs of retail investor products have been designated as strategic priorities for supervision in the EU. All market players need guidance on the concept of “undue costs”, argue Tom Loonen and Jan Saalfrank at Pinsent Masons, an Investment Officer knowledge partner.

The road to hell is paved with good intentions. This applies also for well-intended regulations on environmental, social and governance. Because of the growth of ESG-focused investments in recent years, a new problem pops up: the risk of greenwashing. 

Benefiting from a favourable business climate, robust infrastructure, and a strategic position as a gateway to Europe, the Netherlands presents enticing options for fund managers seeking practical and tax-friendly solutions in the alternative investment fund (AIF) space, write Tom Loonen and Jan Saalfrank of Pinsent Masons.

Once upon a time in 2013, Luxembourg launched the conversion of the EU directive on alternative investment fund managers (AIFMD) into its national law. It ultimately culminates, alongside the conversion of other European countries of the AIFMD, into the first globally regulated environment for alternative investment funds (AIFs).

It was when the Netherlands, Belgium and Luxembourg signed the customs union that a geographical area at the heart of Europe was defined. The aim was to promote economic integration and cooperation between the three member states. 

Since then, Benelux has been one of the most successful regional integration models, both in terms of economic growth and political stability. This success is also rooted in the creation of a solid legal framework that provides a stable and transparent business environment.