endobj 1 Commission Delegated Regulation (EU) 2021/1253 of 21 April 2021 amending Delegated Regulation (EU) 2017/565 as regards the integration of sustainability factors, risks and preferences into certain organizational requirements and operating conditions for investment firms. Where a firm intends to recommend a product that does not meet the initial sustainability preferences of the client in the context of investment advice, it can only do so once the client has adapted his/her sustainability preferences. On 27 January 2022, ESMA opened a consultation on the draft guidelines which address the inclusion of sustainability preferences in a clients suitability assessment from a practical perspective. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. hb```c``b`e` @1V
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For this reason, they may not be suitable for readers without professional investment experience. Review ourcookie policyfor more information. This la carte model presents a major challenge: Aligning the preferences with fund characteristics. The insights and services we provide help to create long-term value for clients, people and society, and to build trust in the capital markets. Tenth Floor Finally, technology is also a tool for teaching people. We welcome and contribute to regulators efforts to increase the transparency of available information, and actively engage with policymakers and governments to help them shape the markets we invest in and the rules that guide and govern corporate behaviour. Amid the ongoing development of a legislative framework for sustainable finance, the revision of Markets in Financial Instruments Directive, or MiFID II, will be one of the key regulatory changes that asset management professionals will pay attention to in 2022 and beyond. Main Office Offering a product with sustainablefeatures to a client who expressed no interest (even when such features are disclosed) could undermine client relationships, in particular in case an ESG product underperforms from a financial perspective. Furthermore, the Corporate Sustainability Reporting Directive (CSRD), still under negotiation, will strengthen companies' financial and ESG reporting obligations from 2024. We bring together extraordinary people, like you, to build a better working world. What do sustainability preferences mean for product governance and the product manufacturers target market concepts? Because we respect your right to privacy, you can choose not to allow some types of cookies. Then, the firm should assess the clients sustainability preferences by identifying: The Guidelines also address some special cases an investment firm can face, for example, when the client has no sustainability preference or when the product does not fit their preference. The introduction of MiFID II should make sustainable funds even more attractive, but we will have to ensure that we maintain a balanced allocation of capital, in order to avoid too much concentration of investments. MIFID II currently provides that when an investment firm offers investment advice or portfolio management services to a client, it is first required to obtain information on (among other things): (i) the client's investment objectives (i.e. Marina Reason,Partner,Herbert Smith Freehills LLP Starting on 2 August 2022, product manufacturers and distributors will have to consider customer sustainability preferences as part of the suitability assessment. 685 Third Avenue ESMA Guidance Any views expressed here are those of the author as of the date of publication, are based on available information, and are subject to change without notice. How will July's numbers for the Consumer Price Index compare to June's? These questionnaires have yet to be finalized, although we hope that distributors will have some discretion in their construction. The decision of the client should be documented. <<6DB97BE198B4B2110A00309DA491FE7F>]/Prev 78207/XRefStm 1175>> This means investment firms should already launch their project on the basis of Guidelines included in the consultation. In terms of expressing a client's sustainability preferences, the MiFID ESG Regulation outlines three categories of sustainability for investment products that it considers should be integral to a client's sustainability preferences, as summarised below: Investors will be asked if they want their investment to have one or more of these features and if so, how much of each. Speakers: There is further to go, not least to improve the quality and access of companies ESG data. Investing in emerging markets, or specialised or restricted sectors is likely to be subject to a higher-than-average volatility due to a high degree of concentration, greater uncertainty because less information is available, there is less liquidity or due to greater sensitivity to changes in market conditions (social, political and economic conditions). Our Financial Services Regulatory group in Ireland comprises of leading lawyers and experienced industry professionals with a wealth of experience in advising clients on regulatory requirements and how to manage regulatory risk within their business. 0000019755 00000 n
You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. This is part of the European agenda to direct capital to companies most active in the transition to a low carbon and inclusive economy. In this new paradigm, the asset management industry plays a critical role: That of proposing a complete offering corresponding to the entire range of investor profiles, not only in terms of ESG preferences, but also risk appetite, portfolio diversification, liquidity, etc. Get access to the news, research and analysis of events affecting the retirement and institutional money management businesses from a worldwide network of reporters and editors. Please check the boxes below to subscribe, Investment strategies and asset allocation, Our latest regular features, outlooks and reports, Article "{postName}" added to your bookmarks, Article "{postName}" removed from your bookmarks, Limit negative impacts such as greenhouse gas emissions or gender wage inequality, Integrate a proportion of assets defined as sustainable. We advocate the use of digital paths, for a streamlined, simplified experience connected to the portfolio construction algorithms. hbbbg`b``3
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Under the MiFID ESG Regulation, it will also be mandatory to obtain information and assess investment suitability on the basis of a third element, that is, the client's sustainability preferences. What could potentially emerge is a split between 'Article 8 Lite' and 'Article 8+ categories of funds with only the latter (in addition to Article 9 funds) having the necessary level of 'sustainability-related materiality' in order to be able to meet one or more of the three criteria to be eligible for recommendation to clients that have expressed sustainability preferences to their distributors / sales advisers. How Has 2022's Carnage Reshaped Global Stock and Bond Markets? While we welcome the significant progress made by this regulatory framework, this ambitious timetable could have been better ordered to require companies to disclose ESG data in a transparent and harmonized way, in order for asset managers to incorporate it in their fund offerings, and allowing distributors to ask investors about their sustainable investment preferences. Japan: +81.3.5217.7888 We use cookies to give you the best user experience on our website. While much progress has already been made, there is further to go, not least to improve the quality and access of companies' ESG data. It is essential that their completion leads to an inspiring exchange of information between client and adviser, rather than being an administrative formality. This document does not constitute investment advice. The main objective of MiFID II is to put the client back at the heart of the process, giving more voice to investors by allowing them to better articulate their investment choices. EY helps clients create long-term value for all stakeholders. For an explanation of how we use cookies on our website, please refer to our. Select your location Close country language switcher, EY Luxembourg Consulting Partner, ESG Services Leader. 130 E. Randolph St. All information collected is anonymous unless you provide personal information to us. 0000041108 00000 n
Inquiries about ISS products and services, requests for copies of proxy research reports, and requests to engage with ISS regarding research reports and policies should be directed to the Help Center. Like any major upheaval, the transition will take place over time and with the help of all stakeholders distributors, asset managers, regulators, and, of course, investors themselves. 0000003892 00000 n
Asset managers must ensure that the funds offered meet the expectations of clients and distributors according to a range of criteria. Guidelines on certain aspects of the MiFID II suitability, Commission Delegated Regulation (EU) 2021/1253 of 21, April 2021 amending Delegated Regulation (EU) 2017/565, as regards the integration of sustainability factors, risks and, preferences into certain organizational requirements and, operating conditions for investment firms, The clients knowledge and experience in the investment field relevant to the specific type of product or service, The persons financial situation including their ability to bear losses and, Their investment objectives including their risk tolerance so as to enable the investment firm to recommend to the client or potential client the investment services and financial instruments that are suitable for him/her and, in particular, that are in accordance with their risk tolerance and ability to bear losses, Detailed reporting requirements applicable to investment products, which will become applicable as from 1 January 2023, Reporting of taxonomy-alignment by companies in scope of the Non-Financial Reporting Directive, which will become applicable as from 1 January 2023 for non-financial undertakings and from 1 January 2024 for financial undertakings, Whether the client has any sustainability preferences, If so, to what extent the client has sustainability preferences with regard to (a) environmentally sustainable investments,(b) sustainable investments and (c) financial instruments that consider principal adverse impacts (PAIs), For aspects a) and b), what are the clients preferences in terms of minimum proportion, For aspect c), which PAIs should be considered including quantitative and qualitative criteria demonstrating that consideration, Whether the client has a focus on either environmental, social or governance criteria or a combination of them or whether the client does not have such a focus, Which part of the portfolio (if any) the client wants to be invested in products meeting the clients sustainability preferences. New York, NY 10017-4036, Chicago Office Will your NFT investments soon be subject to VAT? Chicago, IL 60601, New challenges for the asset management industry, The challenge of data, the first essential step, Commentary: Long/short equities an unconventional inflation hedge, Commentary: TSP's new mutual fund window including ESG options is long overdue, The Institutional Investors Guide to ESG Investing, Climate Change: The Inescapable Opportunity, 2022 Defined Contribution East Conference, Deutsche Bank, DWS raided over allegations of greenwashing, U.K. proposes rollback of MiFID II research rules for bonds, small companies, Asset managers including more assets in net-zero targets report, Vanguard: On course to net-zero investment portfolio goal, SEC wants more disclosure on funds using ESG factors, HSBC's suspended banker taken to task by key architect of ESG. The answers given by clients will have to be translated into a specific offer, although this la carte model presents a major challenge, with the aim being to align clients' selection criteria with the characteristics of the funds offered. 3 MiFID II Delegated Regulation - Article 2 (7): sustainability preferences means a clients or potential clients choice as to whether and, if so, to what extent, one or more of the following financial instruments shall be integrated into his or her investment: (a) A financial instrument for which the client or potential client determines that a minimum proportion shall be invested in environmentally sustainable investments as defined in Article 2, point (1), of Regulation (EU) 2020/852 of the European Parliament and of the Council (*), (b) A financial instrument for which the client or potential client determines that a minimum proportion shall be invested in sustainable investments as defined in Article 2, point (17), of Regulation (EU) 2019/2088 of the European Parliament and of the Council (**), (c) A financial instrument that considers principal adverse impacts on sustainability factors where qualitative or quantitative elements demonstrating that consideration are determined by the client or potential client, Guidelines on certain aspects of the MiFID II suitabilityrequirements, Commission Delegated Regulation (EU) 2021/1253 of 21April 2021 amending Delegated Regulation (EU) 2017/565as regards the integration of sustainability factors, risks andpreferences into certain organizational requirements andoperating conditions for investment firms, Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments. They may also be used to personalize your experience on our website by remembering your preferences and settings. We believe this regulation is a powerful accelerator that empowers investors and improves transparency in a particularly dense regulatory environment where the fight against greenwashing is omnipresent. Our highly technical team deliver pragmatic and solutions-focused advice to our clients. Are You Ready for Sustainability Preferences Under MiFID II and IDD? Putting the client at the centre of the process by allowing them to express their investment choices will lead to greater portfolio customisation, but also allow for a more harmonised Environmental, Social & Governance (ESG) product offering. Asset managers must ensure that the funds proposed align with the expectations defined by clients and distributors. The third category relates to financial products that consider the PAIs of investments on sustainability factors. These will provide a strong framework for asset management companies' communication around Article 8 and 9 funds as defined by last year's Sustainable Finance Disclosure Regulation (SFDR). <>/Metadata 15 0 R/Pages 14 0 R/StructTreeRoot 17 0 R/Type/Catalog/ViewerPreferences<>>> If the firm cannot meet those preferences, it should discuss this with the client when agreeing on the mandate in which theinvestment strategy is defined and ask the client to adapt his/her preferences. In addition to cookies that are strictly necessary to operate this website, we use the following types of cookies to improve your experience and our services:Functional cookiesto enhance your experience (e.g. Broader projects may also be required to ensure communication is clear, concise and not technical while ensuring an optimal client experience on all channels (including mobile devices). A financial product that meets all three criteria will be best placed to be recommended for investment. It is worth noting that these obligations apply both to retail and to professional clients and that non-EU firms may also be in scope when servicing EU clients or distributing products in the EU. Europe (Germany): +49.89.462.248.100. Subscribe to receive this weeks articles straight to your inbox. To consistently deliver news, research and analysis to the executives who manage the flow of funds in the institutional investment market. 2020 EYGM Limited. 0000001370 00000 n
The Directive 2014/65/EU on Markets in Financial Instruments (MiFID II) determines that investment firms should obtain the necessary information regarding: In August 2021, the European Commission published a delegated regulation2 (the Delegated Regulation) providing that investment firms should also identify the clients sustainability preferences.
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