Tackling remaining obstacles to a fully developed investment market across the EU, whilst ensuring a high level of investor protection.
Amendments to the EU rules governing collective investment funds, notably in the areas of Money Market Funds, long-term investment funds and certain aspects of the UCITS Directive (Undertakings in Collective Investments in Transferable Securities 2009/65/EC) such as eligible assets and use of derivatives, efficient portfolio management (EPM) techniques, OTC derivatives and depositaries.
Directive 2009/65/EC, which replaces the previous UCITS Directive 85/611/EEC, provides for common rules for setting up and operating investment funds in the EU. Fund managers that comply with these rules may benefit from the right to offer their services cross-border. Investment funds authorised in accordance with the provisions of this Directive may be distributed to investors across the EU after following a defined procedure for notifying the relevant competent authorities.
The UCITS rules have constituted Europe's regulatory framework for asset managers and investors since 1985. To keep the UCITS framework topical and in line with the evolution of investment markets, some reforms are envisaged.
Recent international work on shadow banking has identified certain areas that require closer scrutiny: money market funds and the use of securities lending or repurchase arrangements (repos). The short-termism of the financial markets is often not in line with the financing needs of the "real economy". Fostering a culture of long-term investment in Europe is therefore an important challenge. The intention is to address a number of concerns relating to the efficiency, competitiveness and integration of the market for UCITS funds in order to preserve the UCITS attractiveness for both professional and retail investors.
Directive on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards depositary functions, remuneration policies and sanctions