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ARTICLE · 06 MARCH 2021

The MFSA Updates The Investment Services Rulebooks

In November 2020, ESMA published its "Guidance on performance fees in investment funds – applicable to undertakings for Collective Investment in Transferable Securities and certain types of Alternative Investment Funds".

MaltaFinance and Banking

ESMA Issues guidance on performance fees in Investment Funds

In November 2020, ESMA published its "Guidance on performance fees in investment funds – applicable to undertakings for Collective Investment in Transferable Securities (UCITS) and certain types of Alternative Investment Funds (AIFs)" (hereinafter referred to as the "Guidelines"). Keeping in mind the best interest of investors, and for the purposes of ensuring that applicable performance methodologies are implemented in a harmonised manner, the Malta Financial Services Authority (MFSA), in January 2021 published its updated Investment Services Rulebooks.

Through these new Guidelines, when designing performance fee models, fund managers are provided with a comprehensive list of principles, thereby being better placed to assess the consistency between performance fee models, and a fund's investment objectives, policies, and strategies. The Guidelines provide a performance fee calculation method with the

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