Monday, 7th December 2020

The European Securities and Markets Authority (ESMA) launched a consultation on 9 November 2020 on marketing communications under the Regulation on facilitating cross-border distribution of collective investment undertakings (discussed here). The purpose of the draft guidelines is to specify the requirements for marketing communications sent to investors in order to promote UCITS and AIFs, including EuSEFs, EuVECAs and ELTIFs. These requirements are that the material shall:
- be identifiable as marketing material
- describe the risks and rewards of purchasing units or shares of an AIF or units of a UCITS in an equally prominent manner
- contain information which is fair, clear and not misleading
ESMA invites feedback on the proposed guidelines by 8 February 2021 and aims to issue final guidelines by 2 August 2020.