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ARTICLE · 18 MARCH 2020

Amendments To The AIFMD And UCITS Framework Affecting Depositaries

The lack of consistency and variance in the degree of protection afforded to investors across the European Union, have raised concerns as to the efficiency of the existing AIFMD and UCITS...

European UnionInsolvency/Bankruptcy/Re-Structuring
Ioanna Mesimeri
Ioanna Mesimeri
Loukiana Protopapa
Loukiana Protopapa
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Introduction

The lack of consistency and variance in the degree of protection afforded to investors across the European Union, have raised concerns as to the efficiency of the existing AIFMD and UCITS frameworks. These concerns were also voiced in ESMA's opinion in July 2017 which called for enhancements to current rules.

In an effort to tackle the practical implications deriving from the shortcomings of the AIFMD and UCITS frameworks, two Commission Delegated Regulations were published aiming to reinforce existing rules and regulations and to introduce practice harmonisation.

In October 2018 the following regulations were published in the EU's Official Journal:

  • Commission Delegated Regulation (EU) 2018/1618 amending the safekeeping provisions of Delegated Regulation (EU) 231/2013 (the AIFMD Delegated Regulation); and

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