Eltif 2 Matchmaking: New opportunities for secondary markets

On 19 December 2023, the European Securities and Markets Authority, Esma, published its final report on the draft regulatory technical standards (Eltif 2.0 RTS) under Regulation 2023/606 (Eltif 2.0). Since Esma published its Consultation Paper, these have been the core focus of the discussion. This contribution sheds some light on the proposed “matchmaking mechanism” and offers some insights as to its impact on (closed-ended) Eltifs, if adopted in current form.

Mackel reportedly set to become Luxembourg’s EU ambassador

Nicolas Mackel, currently serving as the ceo of Luxembourg for Finance, is preparing to assume a new role as Luxembourg’s permanent representative to the European Union in Brussels. 

According to Luxemburger Wort and RTL, Mackel’s transition from the financial sector to a diplomatic post is expected to occur in September, marking his return to the international diplomatic arena.

Switzerland set to compete with Luxembourg Raifs 

Switzerland is preparing to step up competition with Luxembourg as a fund domicile for alternative investment funds. The industry, however, is not convinced that the Swiss alternative can fully match the international success of Luxembourg Raifs.

From next month, the Swiss will allow management companies to create a new type of fund known as L-QIF that will compete with the successful regime for Reserved Alternative Investment Funds, or Raifs, first made possible in the Grand Duchy in 2016.

PE industry challenges SEC over new fee disclosure rules

The Securities and Exchange Commission’s (SEC) recent move to mandate increased disclosure of fees and other costs by private equity funds has sparked a legal battle with the PE industry. Lawyers representing both the SEC and the PE industry engaged in a heated argument in a US federal court in New Orleans.

SEC’s hefty fines contrast with Europe’s mild approach

The U.S. Securities and Exchange Commission (SEC) in 2023 continued to demand significant recoveries from financial institutions, although investment advisers were less frequently targeted. The year also witnessed the introduction of fines related to WhatsApp use and a record payout to whistleblowers.