Fund Distribution Alert 2021-03

Fund Distribution Alert 2021-03



Said Fihri

Partner, ADV – Investment Services

KPMG in Luxembourg


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FSMA to comply with ESMA performance fee guidelines for UCITS and certain AIFs

Further to the publication by ESMA of the guidelines on performance fees for UCITS funds and certain AIFs, FSMA confirmed via its Communication FSMA_2020_17 that the authority will integrate these guidelines into its control system as from 05/01/2021.

Please be reminded that the guidelines apply to UCITS funds and certain AIFs as follows:   

  • Managers of any new funds created after the date the guidelines went into effect, with a performance fee, or any funds existing before this date that introduce a performance fee for the first time after that date, should comply with these guidelines immediately in respect to those funds.
  • Managers of funds with a performance fee existing before these guidelines went into effect should apply these guidelines in respect to those funds by the beginning of the financial year, following six months from when the guidelines were integrated.

Please refer to the KPMG Newsletter “ESMA released performance fee guidelines for UCITS and certain AIFs” for the main impacts.

The Communication is available here - only available in French (PDF, 700KB).

Please feel free to contact us should you require any additional information.

Please note that any information provided is general in nature, is based on the latest publicly available information as analyzed on a best endeavor basis and does not constitute any specific legal opinion or advice.


Said Fihri
+352 22 51 51 7892

Stephanie Zedda
+352 22 51 51 7271

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