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Regulatory, compliance & fund registration

Challenges

The investment fund industry is facing a highly complex regulatory environment.

Within the cross-border distribution world, mutual funds have to cope with a vast number of existing laws, rules and regulations at the level of the European Union, their home domicile as well as the targeted countries. In addition, they have to follow-closely the developments in order to be fully prepared for the transition from UCITS III to UCITS IV.

At a broader scale, players need to keep up-to-date with the fast moving developments in areas like AIFMD, UCITS Depositary Function, MiFID, Transparency Directive, AML etc.

Deloitte provides support to master the high complexity of requirements in a multi-jurisdictional environment.

Deloitte services offering

Regulatory / investment compliance

  • Assistance and advisory on new regulatory developments and requirements (MiFID, Transparency Directive, Prospectus Directive, AML Directives, UCITS, AIFMD etc.)
  • Central administration and management company organisation and substance review
  • Writing of procedures and definition/implementation of the necessary and appropriate controls
  • Cross-border distribution compliance (including e-commerce, private and public placement, etc.)
  • Ad-hoc training on regulatory issues
  • Review of anti-money laundering and KYC procedures
  • Investment compliance, review of system parameterisation, processes, and practices
  • Assistance with NAV calculation errors and investment breaches
  • Definition and review of investment restrictions compliance in case of cross-border distribution
  • Cold testing of investment restrictions

Fund registration

  • Registration and post-registration of UCITS and non-UCITS funds in foreign jurisdictions
  • Ad-hoc assistance in appointing local representatives
  • Central point of contact and liaison between client and local regulatory authorities in target markets, and with third party service providers
  • Coordination of prospectus changes
  • Advisory on compliance with regulatory reporting obligations
  • Outsourcing of statistical regulatory reporting
  • Ad hoc compliance queries

Contacts

  • Lou Kiesch
    Regulatory Consulting Partner
  • Rafael Aguilera
    Regulatory Consulting Directeur
  • Michael John Flynn
    Regulatory Consulting Directeur

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