Marketing communications – such as factsheets, websites, presentations, press releases, social media advertising or radio
spots – are among the main communication tools that funds and asset managers can use to increase the visibility of their
products and make them stand out from the competition. Before the Cross-Border Distribution Fund Regulation came into force
in August 2021, the issuers of such communications were generally free to present their products as they saw fit (sometimes
at the expense of investor protection), with little restriction of the content at EU level. Now, however, Article 4 of this regulation
imposes new rules for marketing communications.
As a result, the regulatory framework in this area is being strengthened with EU-wide guidance such as the “ESMA Guidelines on
marketing communications”, applicable since February 2022, and the Luxembourg guidance issued in September 2022 by CSSF
in its FAQ “Cross Border Distribution of Funds – Guidance on marketing communications”. Regulators now scrutinise marketing
communications pre- or post-dissemination, assess their compliance with the rules and verify that issuers have certain internal
procedures and processes in place for issuing them.
Download our brochure "Arendt Toolbox for fund marketing communications"_
