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Marketing communications under the Regulation on cross-border distribution of funds : the AMF complies with ESMA’s Guidelines
04 October 2021

Marketing communications under the Regulation on cross-border distribution of funds : the AMF complies with ESMA’s Guidelines

The AMF declared to ESMA on the 4th of October 2021 its compliance with its guidelines on marketing communications under the Regulation on cross-border distribution of funds, published on the 2nd august 2021 (ESMA34-45-1272).

Details regarding the guidelines

These guidelines, which apply starting on the 2nd of February 2022, aim to specify the application of the requirements for marketing communications set out in Article 4(1) of the Regulation (EU) 2019/1156 of the European Parliament and of the Council of 20 June 2019 by establishing common principles on the following matters, while taking into account on-line aspects of such marketing communications :

  • The identification as such of marketing communications ;
  • The description of risks and rewards in an equally prominent manner ; and
  • The fair, clear and not misleading character of marketing communications (General requirements, Information on risks and rewards as well as costs, past performance and expected future performance and information on sustainability-related aspects).

These guidelines have an impact on the existing AMF’s policy, in particular on the AMF Position –recommendation DOC-2011-24 - A guide to drafting collective investment marketing materials and distributing collective investments, which will be updated shortly.