| Topic | Update | Date | Firm Type |
|---|---|---|---|
|
Adoption of the 2021 French Finances Bill (Loi de Finances) |
The French Loi de Finances sets government spending and priorities for the upcoming fiscal year. For 2021, alongside an expansive economy recovery plan, the Bill enacts the creation of the “Relance” (recovery) label for investment funds located in France committed to investing in French SMEs and applying ESG criteria. These funds will benefit from state-guaranteed loans. The objective is to enable investors to identify funds that directly contribute to restoring the national economy in the wake of the COVID-19 crisis. Investments funds willing to get the Relance label have from October 19, 2020 to December 31, 2022 to make their application. |
2021 |
AIF + UCITS managers |
|
Sustainable Finance |
|
|
|
|
Required Update of the Program of Operations |
The AMF updated its Instruction 2008-03 and now requires firms to update their program of operations according to new guidelines. |
March 7, 2021 |
AIF + UCITS managers |
|
New AMF Requirements for Liquidity Stress Testing |
The AMF integrates ESMA’s requirements on liquidity stress testing in its regulation and therefore updates its position-recommendation 2020-08. Even though the AMF minimum requirement is once a year, the frequency recommended by the ESMA for stress testing is quarterly. |
Q1 2021 |
UCTIS and AIFs |
|
New AMF Requirements on Stress Tests Scenarios and Competent Authorities for Monetary Funds |
The AMF updates its position-recommendation 2018-05 by adding ESMA’s requirements on stress tests scenarios under Article 28 of the MMF Regulation and on the reporting to competent authorities under Article 37 of the MMF Regulation. The minimum frequency for stress tests is every six months. The required frequency of reporting to the competent authority is quarterly. |
Q1 2021 |
MMFs |
|
FATF Evaluation |
France will be subject to the OECD’s FATF evaluation on money laundering and terrorism financing. The French technical compliance scheme will firstly be assessed, and then an assessment will be carried out on the effectiveness of this scheme. The last assessment was made in 2011. A first plenary discussion is already planned for next year while the overall process of evaluation should last around one year. |
June 2021 |
AIF and UCITS managers + investment firms |
|
Transposition of EU 6th AML Directive into national law |
Investment firms will have to prepare new controls and surveillance of transactions while keeping informed of the changes in national law. Moreover, investment firms can now rely on a harmonised list of 22 predicate offences that constitute money laundering. |
June 3, 2021 |
AIF and UCITS managers |
|
Brexit: equivalence between AMF examination and FCA requirements extended for two more years |
The AMF Board has extended, until December 12, 2022, the mechanism granting equivalence with the AMF’s test of minimum knowledge to certain professionals with appropriate qualifications recognized by the British regulator. |
Ongoing |
AIF and UCITS managers |
|
Article 51 of Benchmark Regulation |
Benchmark index providers have until December 31, 2021 (end of the transitional provisions) to register according to Article 51 of the Regulation. After that date, and if an index has not been authorized, users will no longer be able to use it. |
December 31, 2021 |
Benchmark index users |
|
AIFMD review |
The European Commission will review the AIFM Directive following a public consultation, which ended January 31, 2021. This will lead to a proposal of changes to the existing legislation likely to be published by mid-2021. |
2021 |
AIF managers |
|
EU Digital Finance Package and the Commission Proposal on MiCA |
In order to promote digital finance in Europe, the European Commission is working towards a new Digital Finance Strategy for the EU for 2024. It adopted a Digital Finance Package and legislative proposals on crypto assets (Regulation on Markets in Crypto Assets or MiCA) on September 24, 2020. This proposal will be discussed by the Parliament and Council. We can expect the legislative process to end before the end of 2021. |
2021 |
Investment firms |
|
MAR Review |
The EU’s Market Abuse Regulation (MAR) is currently under review. A first public consultation occurred in 2019 and the ESMA published its review on September 2020. We can expect the European Commission to start its review of MAR in 2021. |
2021 |
UCITS + AIF managers + investment firms |
|
ESMA 2021 Program |
The ESMA published its program for 2021. The main points are related to funds liquidity, the consideration of ESG risks, the review of AIFMD and MiFID II and the first Benchmark supervision mandates. |
2021 |
UCITS + AIF managers + investment firm |
|
SFTR Regulation |
The last part of the regulation on transparency of securities financing transactions and of reuse (SFTR), concerning the reporting of transactions to trade repositories, entered into application progressively in 2020. The requirements for non-financial counterparties were supposed to be implemented on January 11, 2021 but has been extended for a further month. |
Ongoing and February 14, 2021, for non-financial counterparties |
UCITS + AIF managers + investment firm |
|
EMIR Validation rules |
The ESMA has postponed the applicability date of the updated EMIR validation rules from February 1, 2021 to March 8, 2021, due to technical issues given the UK’s withdrawal from the EU. |
March 8, 2021 |
UCITS + AIF managers |
|
EMIR Refit |
EMIR Refit introduces a requirement on clearing members and clients, providing indirect clearing, to provide clearing services on fair, reasonable, non-discriminatory and transparent commercial terms (FRANDT). EMIR Refit provides that trade repositories shall establish three types of policies and procedures: 1) procedures for the effective reconciliation of data between trade repositories; 2) procedures to verify the completeness and correctness of the data reported; and 3) policies for the orderly transfer of data to other trade repositories where requested by counterparties or CCPs. These requirements are the last of the requirements set by EMIR Refit and will enter into force in June 2021. |
June 18, 2021 |
UCITS + AIF managers |
|
Investment Firm Regulation and Directive (IFR/IFD) |
The EU has adopted a new prudential regime for investment firms now adapted to the differences between assets’ sizes and firms’ activities. The second phase of the European Banking Authority’s planning starts in June 2021. |
June 26, 2021 |
Investment firms |
|
Inception Impact Assessment on European Long-Term Investment Funds (ELTIFs) |
The European Commission published an inception impact assessment to review the functioning of ELTIFs. A first public consultation occurred in 2020. We can expect a first draft of regulation by Q3 2021. |
Q3 2021 |
Long term investment fund managers |
|
Regulation 2020/15/03 on European crowdfunding service providers |
The European regulation on crowdfunding was published in October 2020 and creates a unique status for providers which must be registered under the national competent authority. |
November 10, 2021 |
Crowdfunding service providers |
|
Review of the PSD2 |
The first Payment Services Directive was adopted in 2007 then reviewed in 2015 (PSD2). PSD2 will be reviewed once again and adjusted in order to support the implementation of the retail payments strategy policies. A first public consultation was launched in Q1 2020. |
Q4 2021 |
Third-party providers |
|
CSDR Settlement Discipline Postponed |
ESMA prepared a Regulatory Technical Standards (RTS) to further postpone the Central Securities Depositories Regulation (CSDR) settlement discipline to February 1, 2022. This RTS was supposed to be subject to the non-objection of the Parliament and the Council since July 2020. We can expect it to be accepted. |
February 1, 2022 |
Central depositories |
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