Asset Management and Investment FundsFebruary 02, 2022
Reminder: ESMA Guidelines on Marketing Communications
For further information on any of the issues discussed in this publication please contact the related contact(s) on this page.
The ESMA Guidelines on Marketing Communications (“Guidelines”) take effect from today, 2 February 2022.
The Central Bank of Ireland has previously confirmed that it expects all Irish authorised Management Companies1 to comply with the Guidelines with effect from 2 February 2022.
Management Companies are therefore responsible for ensuring that any marketing communications relating to a fund under management (whether issued by themselves or another third party) complies with the Guidelines from today.
If not yet completed, Management Companies will need to review marketing communications for those funds to ensure compliance with the Guidelines. In particular:
- that the risks and rewards are disclosed in a manner consistent with the Guidelines,
- that the marketing communications are fair, clear and not misleading taking into account the criteria set down in the Guidelines; and
- that information on costs, past performance and expected future performance and sustainability-related aspects of the communications comply with the Guidelines.
If you have any queries or require assistance to ensure you are in compliance with the Guidelines, please discuss with the Dillon Eustace Asset Management and Investment Funds team.
1 Includes Irish authorised self-managed UCITS and internally managed AIFs, as well as UCITS management companies and AIFMs
DISCLAIMER: This document is for information purposes only and does not purport to represent legal advice. If you have any queries or would like further information relating to any of the above matters, please refer to the contacts above or your usual contact in Dillon Eustace.
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