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By Dr. Sebastiaan Niels Hooghiemstra*
The European Securities Market Authority (“ESMA”) published on 18 November 2022 a Consultation Paper on Guidelines on funds’ names using ESG or sustainability-related terms (the “ESMA Guidelines”).
The ESMA Guidelines are applicable to alternative investment fund managers (“AIFMs”) and UCITS management companies (“UCITS ManCos”) and specify criteria, in terms of quantitative thresholds, to assess whether the name of a fund containing terms, acronyms or abbreviations suggesting that the fund focuses on investments that have, or investments whose issuers have, ESG or sustainability features, are fair, clear and not misleading. This contribution provides an overview and discusses the impact of the (draft)...
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