AIFM Directive discriminates against non-EU managers,
says Swiss report
Industry seeks to negotiate reciprocity with
Switzerland's Federal Council has released a report, (16
December), which notes that the Alternative Investment Fund Managers (AIFM)
Directive (http://tinyurl.com/mkf36v) as currently proposed
discriminates against non-EU managers, and expressing the concern
that the directive would see fund managers leaving Switzerland with
repercussions for the Swiss economy.
The broad-ranging report (http://tinyurl.com/yjtxcmb) on
Switzerland's financial market policy notes that while Swiss
banks are finding it "increasingly difficult or
impossible" to offer wealth management services abroad from
Switzerland, insurance companies, asset managers and funds
providers are also encountering market-entry problems.
With regard the draft AIFM directive it argues: "If the
rules in this directive are actually adopted it threatens to
discriminate against non-member countries such as Switzerland.
Specifically, this directive states that asset management cannot be
delegated to managers outside of the EU, as their supervisory
regulations are not recognised as being equivalent by the relevant
EU bodies," and notes that the directive proposed only
envisages recognition of non-members' regulations after a
period of three years after the directive comes into effect, which,
it says, "would bring a stop, at least temporarily, to all
EU-registered funds that are administered in Switzerland."
The report adds that Switzerland is looking at a number of ways
of ensuring continued market access, both through bilateral
free-trade agreements and at multilateral (World Trade
Organisation, and OECD) level, but that in relation to the European
Union, "given the ongoing deepening of the Single European
Market...alternative measures will have to be verified at a
regulatory level to ensure the broadest possible market access
conditions," i.e. that it would need to negotiate with the EU
in order that the anticipated discriminations did not occur.
In a response the Swiss Funds Association, (https://www.sfa.ch/)
which assisted the Federal Council in drawing up the report, said
that it took into account "the core demands of the
industry". With regard to the market access issue, it said it
was "crucial for Switzerland to negotiate the necessary
reciprocity and to secure freedom of movement with the EU in the
area of collective investment schemes [i.e. an EU passport]",
and that an "EU passport" should be available for:
Fund management companies and asset managers of collective
Swiss (EU- compatible) securities funds pursuant to the
Swiss-domiciled securities funds pursuant to the CISA
Swiss-domiciled asset managers of alternative investment
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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The UK has sought to put itself at the forefront of Islamic finance and made a loud statement of intent in 2014 with the issuance of its GBP200 million (US$312.4 million) Sukuk – the first to be issued by a European government.
Driven by the AIFMD (Directive 2011/61/ EU on Alternative Investment Fund Managers), the Swiss collective investment schemes legislation underwent a major (partial) revision which entered into force on 1 March 2013.
Guernsey is, for many, the jurisdiction of choice for the establishment and/or administration of all types of collective investment vehicle, including private equity, hedge and property funds, across a wide range of asset classes.
UCITS may invest in financial derivative instruments for investment purposes subject to a variety of conditions as outlined below relating to the nature of the exposures taken, the leverage generated through such positions, the process employed by the UCITS to manage the risks arising from derivatives investment as well as rules relating to OTC counterparty exposure and to the valuation of derivatives positions.
The Islamic finance system has arisen due to various religious and economical reasons and, in general, it is a system where any and all kinds of financial activities and transactions are applied within the scope of Islamic rules.
As the Financial Times notes, "falls in European interest rates into negative territory could profoundly affect the workings of the financial system …".
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”