The EU Commission Contemplates Amendments to the Criteria Required to Qualify as a Professional Investor

Published 8 October 2021

PrintCategory: AIFs

The EU Commission has, as part of its strategy for retail investors, completed a consultation process that, among others, invited the industry to share its views on the existing professional investor categorization, including the introduction of a new category of professional investors, in MiFID II – see more here.

Currently, under MiFID II, retail investors are defined as those that do not qualify as professional investors and are subject to a number of additional investment protection measures, including additional disclosure information. In its consultation paper, the EU Commission suggests that for certain investors that currently fall under the retail investor category, these additional investment protection measures are not necessary. Therefore, the creation of a new category of professional investors would likely give a subset of investors a broader and more comprehensive access to alternative investment funds.

Next Step: The EU Commission expects to submit a comprehensive legislative package in the second quarter of 2022 as part of its strategy for retail investors, which, among others, will include a proposal that amends the criteria required to qualify as a professional investor .

Tags:  Marketing


Also tagged ‘Marketing’

22 Oct 2021AIFsEuVECAUpdates

ESMA has Issued Guidelines on Marketing Communication

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.

Cross-BorderESMAMarketingPre-MarketingVenture Capital
14 Jun 2021AIFsInvestors RegulationUpdates

European Commission has Launched a Public Consultation on a Retail Investment Strategy

On 11 May 2021, the European Commission launched a public consultation on a retail investment strategy for Europe.

AIFMDMarketingPre-MarketingRetail Investors
4 Jul 2019Financial Regulation

The EU Technical Expert Group on Sustainable Finance publishes their Taxonomy Technical Report

The report is part of the EU Commission’s overall effort to create a unified standard for sustainable economic activities in the European Union, which is expected to significantly impact the private equity and venture capital industry.

AIFMDDisclosure RequirementsGovernanceMarketing
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

5 Jul 2024Financial RegulationUpdates

EU’s new Anti-Money Laundering package announced

On 19 June 2024 EU’s new Anti-Money Laundering package was announced. The new AML package has been long in the making, and the Commission presented its package of legislative proposals as early as July 2021.

KYC / AML
1 Jul 2024Impact and ESGUpdates

Final reports from ESMA, EBA and EIOPA on greenwashing in the financial sector

The European Supervisory Authorities (EBA, EIOPA and ESMA) has published their final reports on greenwashing in the financial sector.

Sustainability
28 Jun 2024Taxation / VATUpdates

Proposal for new strategy on entrepreneurship in Denmark

As set out in Pulse update on 13 June 2024, the Danish government has presented a proposal regarding entrepreneurship in Denmark, which includes initiatives aimed at creating better access to capital for startups, cutting the burden of red tape on business and certain relaxation of taxes.

Venture Capital
24 Jun 2024Impact and ESGUpdates

Adoption of the Net Zero Industry Act

The European Council has adopted the Net Zero Industry Act: a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem.

Sustainability
17 Jun 2024Impact and ESG

Final Report from ESMA with guidelines on funds’ names

The European Securities and Markets Authority has published a final report containing guidelines on funds’ names using ESG or sustainability-related terms.

ESMASustainability
13 Jun 2024Taxation / VATUpdates

Proposal for new strategy on entrepreneurship in Denmark

On 12 June 2024, the Danish government presented a proposal regarding entrepreneurship in Denmark, which includes initiatives aimed at creating better access to capital for startups and certain relaxation of taxes.

Venture Capital