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.
Home to several globally renowned companies, Benelux has a strong reputation as a hub for international trade and commerce. Easy access to the major financial markets of the European continent, advanced infrastructure and harmonised laws and regulations make the region an attractive destination for institutional investors looking to expand and diversify their activities.
European regulation provides a high level of investor protection, through the supervision of national financial services authorities (such as CSSF in Luxembourg and AFM in the Netherlands) over respective fund structures, fund managers and corresponding industry players, and the first-class reputation of fund industry players in Europe. Moreover, Luxembourg and the Netherlands have attractive tax systems with low or no tax revenue from funds. This is another cornerstone for the economic success of both financial centres.
Financial acronyms
In recent decades, Luxembourg and the Netherlands have developed well-developed products and legal instruments (such as Alternative Investment Fund Mangers - AIFM, Packaged retail investment and insurance products - PRIIPS Key Information Document - KID , to name a few). In doing so, they have become Europe’s largest fund centre for investors by offering investors, fund originators and managers a safe and secure place for their investments. Thus, the impact of new regulations (such as Markets in Financial Instruments Directive - MiFID and Digital Operational Resilience Act - DORA is and will continue to be of substantial importance, with implications for the sector as a whole.
Managing regulation could be a source of competitive advantage for asset managers in the coming years. One of the most impactful developments in recent years has been the EU Sustainable Finance Regulation - SFDR, which came into force in March 2021. The regulation has created challenges for fund managers as they now have to integrate ESG factors into their investment processes.
In terms of the special features of the market, the Reserved Alternative Investment Fund - RAIF is a good example. Launched in Luxembourg in 2016, it is a popular choice for fund managers looking for a flexible, regulated fund structure that can be set up quickly. More recent is ELTIF 2.0 - European Long-Term Investment Fund , which was adopted by the European Parliament on 15 February 2023, which will also change the game in the field of long-term collective investment and will boost the financing of the Old Continent’s real economy.
EU toolbelt
SFDR, RAIF , CSRD (Corporate Sustainability Disclosure Reporting Directive), ESAP (European Single Access Point), MIFID revision and ELTIF 2.0 are just some of the many tools used to regulate the European investment fund market and attract foreign investors. Issues such as “green washing” are also having a major impact.
Do you sometimes lose sight of the forest for the trees? By analysing the latest trends in European fund legislation, we hope this series of monthly articles will help you understand how these changes will affect your business in the future. We aim to provide you with valuable insights into this complex and ever-changing sector in the coming period through a series of articles, specifically dedicated and aimed at providing more insight into the above topics.
Tom Loonen is professor of financial law at Vrije Universiteit Amsterdam and special counsel Pinsent Masons PLC Netherlands, while Jan Saalfrank, partner investment funds at Pinsent Masons PLC Luxembourg. The law firm is a new Investment Officer knowledge partner.