Invest Europe-PAE

Industry response to ESMA consultation on CBDF marketing communications

Positions & consultation responses

08 Feb 2021

In this response we have expressed our concerns that ESMA has not taken proper account of the differences between the overwhelmingly institutional AIF industry and the retail fund industry, with respect to their respective distribution models. Concretely, ESMA has made some assumptions about the application of MiFID rules in the institutional marketplace which are not necessarily correct. This is particularly relevant in the context of: (i) the categorisation of AIF marketing as a MiFID investment service or activity; and (ii) the disclosure of information on past and expected future performance.