ESMA has Issued Guidelines on Marketing Communication

Published 22 October 2021

PrintCategory: AIFs

The purpose of the guidelines is to specify the application of the requirements for marketing communications set out in the Regulation on cross-border distribution of AIFs. Accordingly, marketing communication addressed to investors must be identifiable as such and describe the risks and rewards of purchasing shares of an AIF in an equally prominent manner, and information included in the marketing communications must be fair, clear, and not misleading.

The guidelines apply to all marketing communication addressed to investors or potential investors for AIFs, including amongst others when they are set up as EuVECAs.

The online aspects of marketing communication are considered as well. For instance, the guidelines specify that it must be clear that the communication has a purely marketing purpose. On social media platforms, where such disclaimer does not fit the format and length, the marketing purpose may be identified by the word “#MarketingCommunication”. Also, in case of short marketing communication, such communication shall be as neutral as possible and indicate (by using a link) where more detailed information is available.

Next step: The guidelines are effective from 2 February 2022 and will be updated periodically.

Read our latest article on pre-marketing here.

Tags:  Cross-BorderESMAMarketingPre-MarketingVenture Capital


Also tagged ‘Cross-Border’

6 Dec 2021AIFsEuVECAUpdates

Danish FSA Clarifies New Pre-Marketing Rules

The pre-marketing rules provided by the Cross Border Directive was transposed into Danish law on 1 July 2021.

AIFMDCross-BorderPre-Marketing
2 Sep 2021AIFsArticlesEuVECA

New Rules Preclude Sub-Threshold Fund Managers and Semi-Professional Investors from Pre-Marketing

On 1 July 2021, new rules governing pre-marketing activities of managers of alternative investment funds entered into force in Denmark. The new legislation incorporates the pre-marketing definition and requirements of the Cross-Border Directive into Danish law.

AIFMDCross-BorderPre-Marketing
9 Aug 2021Corporate RegulationImpact and ESGUpdates

Commission Delays Application Date for the ESG Disclosure and Taxonomy Regulations

The Commission has postponed the date of application of the detailed regulatory technical standards (RTS) under the ESG Disclosure Regulation and the Taxonomy Regulation by six months from 1 January 2022 to 1 July 2022.

ComplianceCross-BorderDanish Regulation
6 Aug 2021Corporate RegulationImpact and ESGUpdates

Commission Clarifies Questions of Interpretation Regarding ESG Disclosures

The Commission has answered a number of questions from the European Supervisory Authorities (ESAs) regarding the ESG Disclosure Regulation.

ComplianceCross-BorderDanish Regulation
1 Jul 2021AIFsEuVECAUpdates

New Pre-Marketing Regime has been Transposed into Danish law

The new pre-marketing regime provided by the Cross-Border Directive has by 1 July 2021 been transposed into Danish law.

AIFMDCross-BorderPre-Marketing
10 May 2021ArticlesInvestors Regulation

New Danish Act on Screening of Foreign Direct Investments

The new act on control of foreign direct investments (the “Act”) was adopted on 4th May 2021. The Act introduces a new framework for government screening of foreign investments and certain types of agreements with Danish companies.

ComplianceCross-BorderDanish Regulation
6 Nov 2020Taxation / VATUpdates

Ruling on Taxation of SAFE

On 23 October 2020, the Danish Tax Agency published a ruling from the Danish National Tax Board regarding taxation of a SAFE (Simple Agreement for Future Equity) issuable by a US company.

Cross-BorderVenture Capital
23 Aug 2019AIFsArticlesEuVECA

Pre-marketing of AIFs and EuVECA Funds

Following the recent amendments to the AIFM Directive (“AIFMD”) and the EuVECA Regulation, this article discusses the new rules on pre-marketing covering both AIF and EuVECA Funds.

AIFMDCross-BorderPre-Marketing
21 Jun 2019AIFsEuVECA

Council Approves Regulation on Cross-Border Distribution of AIFs

On 14 June 2019 the Council adopted the new regulation on facilitating cross-border distributions of AIFs.

Cross-BorderMarketingPre-MarketingVenture Capital
21 Jun 2019AIFsEuVECA

New Directive to Amend AIFMD has been Adopted

On 14 June 2019 the Council adopted the new directive amending i.a. the Alternative Investment Fund Managers Directive (AIFMD).

AIFMDCross-BorderMarketingPre-MarketingRetail InvestorsVenture Capital
23 May 2019AIFs

EU Parliament Approves Final Compromise to Amend AIFMD

Highlights include a definition of pre-marketing, rules on de-notification in countries with no investor interests and rules on facilities made available to retail investors.

AIFMDCross-BorderMarketingPre-MarketingRetail Investors
16 Apr 2019AIFsArticlesEuVECA

Cross-Border Distribution of Collective Investments Undertakings

On 16 April 2019, the European Parliament adopted the European Commission's initiatives to improve the efficiency of cross-border distribution of Alternative Investment Funds (AIFs) and EuVECA funds by increasing transparency and harmonising diverging national rules.

AIFMDCross-BorderMarketingPre-MarketingRetail InvestorsVenture Capital
16 Apr 2019AIFsEuVECA

EU Parliament Approves Final Compromise on Proposed Regulation on Cross-Border Distribution of AIFs

The new regulation establishes uniform rules on i.a. fees and charges, and it amends the EuVECA regulation to include a pre-marketing definition.

Cross-BorderMarketingPre-Marketing

Other updates

28 Apr 2022Taxation / VATUpdates

Higher Corporate Tax Rate for Danish Financial Companies and Deductibility Cap on Salary Expenses

On 6 April 2022, the Danish Government presented a proposal for an amendment of, among others, the Danish Corporation Tax Act.

Danish RegulationManagement Remuneration
26 Apr 2022Impact and ESGUpdates

Final Regulatory Technical Standards for SFDR and Taxonomy Regulation are Published

The RTS will define the new standard for sustainability-related disclosures in the financial services sector in the EU and supplements provisions of the SFDR and of the Taxonomy Regulation.

AIFMDComplianceDisclosure RequirementsSustainability
24 Jan 2022Impact and ESGUpdates

Invest Europe to set ESG Reporting Standards

In November 2021, Invest Europe released its Climate Ambition in which the association committed to contribute to the EU becoming climate-neutral by 2050 and pledged to help the P/E and VC industry move towards net zero. 

AIFMDComplianceDisclosure RequirementsSustainability
6 Jan 2022ELTIFsUpdates

The EU Commission Proposes Amendments to the Regulation of European Long-Term Investment Funds

On 25 November 2021, the European Commission published its proposal to amend the Regulation of European Long-Term Investment Funds (ELTIFs) as part of a new Capital Markets Union (CMU) legislative package.

Retail Investors
20 Dec 2021AIFsUpdates

IPEV Board has Started Review Process for the IPEV Valuation Guidelines

The IPEV Board has started the 2021 review process for the IPEV Valuation Guidelines.

Valuation
15 Dec 2021AIFsFinancial RegulationImpact and ESGUpdates

The Danish FSA: Significant Room for Improvement for SFDR Disclosures

The Danish FSA has assessed the quality of 4 pension companies and eight credit institutions' website disclosures with regards to information about their policies on the integration of sustainability risks in the investment decision-making process.

AIFMDComplianceDisclosure RequirementsSustainability