Despite the AIFMD and the UCITS Directive aim at harmonizing cross-border marketing rules at EEA level, variety of situations and constraints require to be looked at through the lenses of each distribution country.

In such cases, depending on the country targeted, actions to be taken to be able to market in a compliant manner vary, from a simple notification to a full authorisation process. These are the situation where our in-depth knowledge of marketing passport of UCITS and AIFs in all the EEA countries, and of marketing authorization in Latin American, Asian and the Middle East countries will benefit the funds. 
Our expert team assists Investment Funds Managers (IFMs) in connection with any applicable process towards authorities, as prescribed by local regulations.

Advice post-marketing

Prior the marketing of a fund it might be interesting to have an overview of the different possibilities and constraints in the various countries, allowing to determine the scope of registration of the fund.

In that sense, with our strong expertise of national rules and regime in all EEA countries, we can provide the fund with global marketing studies and advice on country-specific requirements which could include:

  • advice on distribution licenses; 
  • on authorized marketing activities;
  • and/or on existing pre-marketing and reverse solicitation rules in various countries, as well as the Cross Border Distribution Fund impact assessment. 

Continious assistance

Along with our network of independent “Best Friends” lawyers, we also monitor the potential update of the legislation per countries. We ensure not only to keep the fund(s) informed about new development(s) that could have an impact on the registration but also to come with appropriate new processes to ensure compliance with local regulations

For example, we have been and still are closely following up the updates on the post-Brexit regime as well as the transposition of the Cross Border Distribution Funds Directive in the different EEA countries.