ARTICLE
23 September 2021

UCITS And Certain Types Of AIFs: Clarifications On Performance Fees

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ELVINGER HOSS PRUSSEN, société anonyme

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Independent in structure and spirit, Elvinger Hoss Prussen guides clients on their most critical Luxembourg legal matters. Committed to excellence and creativity in legal practice, our firm delivers the best possible advice for businesses, institutions and entrepreneurs, playing a unique role in the development of Luxembourg as a financial centre.
On 28 May 2021 and 16 July 2021, new questions on performance fees were added to the ESMA Q&As on UCITS and on AIFMs , to complete the Guidelines on performance fees in UCITS and certain types of AIFs ("Guidelines")..
Luxembourg Finance and Banking
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On 28 May 2021 and 16 July 2021, new questions on performance fees were added to the ESMA Q&As on UCITS and on AIFMs, to complete the Guidelines on performance fees in UCITS and certain types of AIFs ("Guidelines") which ESMA had published on 5 December 2020 and in respect of which the CSSF confirmed, by way of its Circular 20/764, the integration of those Guidelines into its administrative and regulatory practices.

The clarifications provided by ESMA through its Q&A in May and July 2021 notably concern:

  • the set-up of the reference period for performance fee models based on a benchmark index;
  • the set-up of the reference period in case of a merger where the receiving UCITS/AIF is a newly established fund with no performance history and is in effect a continuation of the merging UCITS/AIF;
  • the application of the Guidelines in the case of delegation of the portfolio management function to different delegated portfolio managers within the same sub-fund of a UCITS; and
  • the crystallisation of performance fees in case of creation of a new sub-fund/share class in an existing umbrella UCITS or AIF in the course of its financial year or in case of creation of a new UCITS/AIF.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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