Fortress Europe? UCITS V and the US Fund Manager

Abstract

Purpose – To discuss the new UCITS V Directive, recently agreed upon by the European Parliament and Council, which will include safeguards to protect client assets in the event of a depositary’s insolvency and also address remuneration practices that are thought to encourage excessive risk-taking. Design/methodology/approach – Summarizes UCITS-V, discusses whether the new remuneration rules are sound, addresses the concern that the UCITS V remuneration restrictions could make it difficult for USA-affiliated advisers and managers to manage UCITS, summarizes next steps and further procedures. Findings – From an institutional point of view, deferred remuneration systems will require credit institutions, as well as investment firms and custodians, to ensure sound and sustainable business models that also protect the public. This will be accomplished in part by establishing incentives and compliance systems that foster a risk-aware approach and an awareness by employees that they will profit only if the fund investors or the relevant credit institutions do. UCITS offering materials will need to be evaluated to see if current advisory structures can be maintained while retaining the desired business profile of the fund. Originality/value – Practical explanation by experienced lawyers.