Archive:September 3, 2024

1
Europe: BaFin Changes Its Process for Fund Passporting Into Germany
2
ASIC Seeks to Clarify the Scope of the “Authorised Representative” Exemption

Europe: BaFin Changes Its Process for Fund Passporting Into Germany

Sep 03 2024
Browse archives for September 03, 2024
Posted in

Distribution, ESG, Global Regulatory Development, Institutional Investors, Retail Investor Funds

Tagged with , , , , ,
Share

By: Hilger Von Livonius, Emma O’Dwyer, Aoife Maguire, and Gayle Bowen

On 14 and 15 August 2024, the German Federal Financial Supervisory Authority (BaFin) updated the following guidance notices:

Guidance Notice on marketing of EU UCITS in Germany

Guidance Notice (2013) for marketing units or shares of EU AIFs or domestic special AIFs (Spezial-AIF) managed by an EU AIF management company to semi-professional and professional investors in the Federal Republic of Germany pursuant to section 323 of the Investment Code

Read More

ASIC Seeks to Clarify the Scope of the “Authorised Representative” Exemption

Sep 03 2024
Browse archives for September 03, 2024
Posted in

Distribution, Global Regulatory Development, Investment Manager Regulation, Retail Investor Funds, Sophisticated Investor Funds

Tagged with , , , , , , , , , , , , ,
Share

By: Kane Barnett and Daniel Nastasi

The Australian Securities and Investments Commission (ASIC) has appealed certain findings in the recent decision in Australian Securities and Investments Commission v BPS Financial Pty Ltd [2024] FCA 457 (BPS Financial Decision) in relation to the scope of the authorised representative exemption. The authorised representative exemption is commonly relied upon and allows a person or entity to provide a financial service under the Corporations Act on behalf of the holder of an AFS licence without having to hold an AFS licence itself. 

Read More

Copyright © 2023, K&L Gates LLP. All Rights Reserved.