COMMISSION IMPLEMENTING REGULATION (EU) 2021/955
of 27 May 2021
laying down implementing technical standards for the application of Regulation (EU) 2019/1156 of the European Parliament and of the Council with regard to the forms, templates, procedures and technical arrangements for the publications and notifications of marketing rules, fees and charges, and specifying the information to be communicated for the creation and maintenance of the central database on cross-border marketing of AIFs and UCITS, as well as the forms, templates and procedures for the communication of such information
(Text with EEA relevance)
Article 1
Publication of national provisions concerning marketing requirements
Article 2
Publication of information concerning fees or charges levied by competent authorities for carrying out their duties in relation to the cross-border activities of AIFMs, EuVECA managers, EuSEF managers and UCITS management companies
Article 3
Notifications to the European Securities and Markets Authority
Article 4
Single contact point
Article 5
Information to be communicated to ESMA for the purpose of the creation and maintenance of the central database on cross-border marketing of AIFs and UCITS
Article 6
Technical arrangements for the functioning of the notification portal established by ESMA
Article 7
Entry into force and application
ANNEX I
Template for the publication of national provisions governing the marketing requirements for AIFs and UCITS
Marketing requirements for UCITS
Marketing requirements for AIFs
Other requirements
*
ANNEX II
Template for the publication of the summaries of national provisions governing the marketing requirements for AIFs and UCITS
Summary of the marketing requirements for UCITS
Summary of the marketing requirements for AIFs
ANNEX III
Template for the publication of regulatory fees and charges
Cross-border management fees and charges
*
Cross-border marketing fees and charges*
Template for fees and charges
(Name or a short description of the fee or charge)
ANNEX IV
Template for the notification of information pursuant to Article 3(1) of this Regulation
Form for the communication of information in accordance with Article 5(2) of Regulation (EU) 2019/1156
Hyperlinks to the competent authority’s website |
|
Hyperlink to [Name of the competent authority]’s website, where the information referred to in Article 5(1) of Regulation (EU) 2019/1156 is published in [specify the language customary in the sphere of international finance] |
[Insert hyperlink] |
(Where applicable) Hyperlink to [Name of the competent authority]’s website, where the information referred to in Article 5(1) of Regulation (EU) 2019/1156 is published in [specify the other language] |
[Insert hyperlink] |
Summary of marketing requirements |
|
Summary of marketing requirements referred to in Article 5(1) of Regulation (EU) 2019/1156 in [specify the language customary in the sphere of international finance] |
[Insert summary of marketing requirements] |
Summary of marketing requirements referred to in Article 5(1) of Regulation (EU) 2019/1156 in [specify the other language] |
[Insert summary of marketing requirements] |
Hyperlinks to the competent authorities’ websites |
|
Former hyperlink |
Updated hyperlink |
Hyperlink to [Name of the competent authority]’s website, where the information referred to in Article 5(1) of Regulation (EU) 2019/1156 was published in (specify the language customary in the sphere of international finance): [Insert former hyperlink] |
Updated hyperlink to [Name of the competent authority]’s website, where the information referred to in Article 5(1) of Regulation (EU) 2019/1156 is published in (specify the language customary in the sphere of international finance): [Insert updated hyperlink] |
Hyperlink to [Name of the competent authority]’s website, where the information referred to in Article 5(1) of Regulation (EU) 2019/1156 was published in [specify the other language]: [Insert updated hyperlink] |
Updated hyperlink to [Name of the competent authority]’s website, where the information referred to in Article 5(1) of Regulation (EU) 2019/1156 is published in [specify the other language]: [Insert former hyperlink] |
And/or |
|
Summary of marketing requirements |
|
Former summary of marketing requirements |
Updated summary of marketing requirements |
Former version of the summary of marketing requirements published in [specify the language customary in the sphere of international finance]: |
Updated version of the summary of marketing requirements published in [specify the language customary in the sphere of international finance]: |
[Insert former version of the summary of marketing requirements] |
[Insert updated version of the summary of marketing requirements] |
Former version of the summary of marketing requirements published in [specify the other language]: |
Updated version of the summary of marketing requirements published in [specify the other language]: |
[Insert former version of the summary of marketing requirements] |
[Insert updated version of the summary of marketing requirements] |
ANNEX V
Template for the notification of information pursuant to Article 3(2) of this Regulation
Form for the communication of information in accordance with Article 10(2) of Regulation (EU) 2019/1156
Hyperlinks to the competent authorities’ websites |
|
Hyperlink to [Name of the competent authority] website, where the information referred to in Article 10(1) of Regulation (EU) 2019/1156 is published in [specify the language customary in the sphere of international finance] |
[Insert hyperlink] |
(Where applicable) Hyperlink to [name of the competent authority] website, where the information referred to in Article 10(1) of Regulation (EU) 2019/1156 is published in [specify the other language] |
[Insert hyperlink] |
Hyperlinks to the competent authorities’ websites |
|
Former hyperlink |
Updated hyperlink |
Hyperlink to [name of the competent authority]’s website, where the information referred to in Article 10(1) of Regulation (EU) 2019/1156 was published in (specify the language customary in the sphere of international finance): [Insert former hyperlink] |
Updated hyperlink to [name of the competent authority]’s website, where the information referred to in Article 10(1) of Regulation (EU) 2019/1156 is published in (specify the language customary in the sphere of international finance): [Insert updated hyperlink] |
(Where applicable) Hyperlink to [name of the competent authority]’s website, where the information referred to in Article 10(1) of Regulation (EU) 2019/1156 was published in [specify the other language]: [Insert former hyperlink] |
(Where applicable) Updated hyperlink to [name of the competent authority]’s website, where the information referred to in Article 10(1) of Regulation (EU) 2019/1156 is published in [specify the other language]: [Insert updated hyperlink] |
And/or |
|
Details of the regulatory fees or charges |
|
Former regulatory fees or charges |
Updated regulatory fees or charges |
Former details of the regulatory fees or charges: |
Updated details of the regulatory fees or charges: |
[Insert former details of the relevant regulatory fees or charges] |
[Insert updated details of the relevant regulatory fees or charges] |
ANNEX VI
DATA TO BE PROVIDED TO ESMA FOR CREATING AND MAINTAINING THE CENTRAL DATABASE ON THE CROSS-BORDER MARKETING OF AIFS AND UCITS
Number |
Field |
Content to be reported |
Standard and format to be used |
||||||||||
1 |
Name of the fund |
Full name of the fund. |
{ALPHANUM-350} |
||||||||||
2 |
National identification code of the fund |
Unique identifier of the fund. |
{ALPHANUM-35} |
||||||||||
3 |
LEI of the fund |
Legal Entity Identifier of the fund. |
{LEI} |
||||||||||
4 |
Share class ISIN |
International Securities Identification Number of the share class. |
{ISIN} |
||||||||||
5 |
Name of the management company |
Full name of the management company. |
{ALPHANUM-350} |
||||||||||
6 |
Management company LEI |
Legal Entity Identifier of the management company. |
{LEI} |
||||||||||
7 |
National identification code of the fund management company |
Unique identifier of the fund management company assigned by the competent authority. |
{ALPHANUM-35} |
||||||||||
8 |
Fund type |
Type of fund. |
Choice from list of predefined fields:
|
||||||||||
9 |
Sending Member State |
Name of the sending Member State. |
{COUNTRYCODE_2} |
||||||||||
10 |
Host Member State |
Competent authorities must indicate all the host Member States in which the fund has been notified for marketing. |
{COUNTRYCODE_2} |
||||||||||
11 |
Notification date |
For each host Member State, the competent authority must indicate when it sent the notification of marketing of the fund to the competent authority of the host Member States. |
{DATEFORMAT} |
||||||||||
12 |
De-notification date |
For each host Member State, the competent authority must indicate when it sent the de-notification of marketing of the fund to the competent authority of the host Member States. |
{DATEFORMAT} |
||||||||||
13 |
Notification documentation as referred to in Article 93(1) of Directive 2009/65/EC and in Articles 31(2) and 32(2) of Directive 2011/61/EU |
Competent authorities must indicate the file name used to report the notification documentation. |
Format that allows the document contents to be analysed without the need to convert the document into another format. |
||||||||||
14 |
Language of the notification documentation |
Language in which the notification documentation is drafted. |
{LANGUAGE} |
||||||||||
15 |
De-notification documentation as referred to in Article 93a(2) of Directive 2009/65/EC and in Article 32a(2) of Directive 2011/61/EU |
Where applicable, indicates the file name used to report the de-notification documentation. |
Format that allows the document contents to be analysed without the need to convert the document into another format. |
||||||||||
16 |
Language of the de-notification documentation |
Language in which the de-notification documentation is drafted. |
{LANGUAGE} |
||||||||||
17 |
Marketed |
Competent authorities must indicate, if available, whether the fund is actually marketed. |
Choice from list of predefined fields:
|
||||||||||
18 |
Form of the fund |
Competent authorities must indicate whether the fund is internally managed. |
Choice from list of predefined fields:
|
Number |
Symbol |
Data type |
Definition |
1 |
{ALPHANUM-n} |
Up to n alphanumerical characters |
Free text field |
2 |
{LEI} |
20 alphanumerical characters |
Legal Entity Identifier as defined in ISO 17442 |
3 |
{ISIN} |
12 alphanumerical characters |
ISIN code, as defined in ISO 6166 |
4 |
{COUNTRYCODE_2} |
Two alphanumerical characters |
Two-letter country code, as defined by ISO 3166-1 alfa-2 country code |
5 |
{LANGUAGE} |
Two-letter code |
ISO 639-1 |
6 |
{DATEFORMAT} |
Dates in the following format: YYYY-MM-DD; Dates must be reported in UTC |
ISO 8601 date format |