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EU watchdog flags tougher line on cross-border capital management

Brexit protects to stop strength managers in Britain conducting "shell" investment funds from the European Union to keep access to its markets ought to be hardwired into EU law, the bloc's securities watchdog said on Wednesday.

"Moreover, in light of the withdrawal of the UK in the EU, delegation of portfolio management serves to non-EU entities is probably going to further increase," ESMA stated in a letter to the bloc's financial services leader Valdis Dombrovskis.

ESMA said there was virtue in providing"better legal drafting" in the bloc's laws on substance and delegation requirements in keeping with its earlier Brexit guidance.

The EU might want to back up the"qualitative" standards on material using apparent quantitative criteria, or offer a list of heart or critical functions which might not be assigned at other and mutual funds, ESMA explained.

"It is also doubtful that Luxembourg and Ireland is going to be happy with this as it could materially impact their finance offerings," Green stated.



A comprehensive review of EU alternative finance principles that cover hedge funds and private equity funds has been an chance to contemplate"greater harmonisation" with regulations governing mutual funds called UCITS, ESMA explained.

Alternative funds must report exposures to property and corporate debt to allow governments to evaluate if they have enough liquidity in a market catastrophe.

ESMA stated it was"sub optimal" that it does not have access to comparable information on UCITS without advertisement hoc information requests that slow down investigation.

ESMA is already checking on liquidity in UCITS.

"This evaluation should be based on the evaluation of how capital have responded since the start of the COVID-19 pandemic and their current situation, also on an estimation of their resilience to a future shock," ESMA explained.

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