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Marketing Restrictions - Asset Management

Focussed on our asset management and investment fund clients, Rulefinder Marketing Restrictions - Asset Management provides detailed information on rules and regulations applicable to the cross-border marketing of funds globally.

Covering over 50 countries, our analysis covers:

  • Marketing and distribution of open-ended and closed-ended funds.
  • Marketing and provision of investment management and advisory services (e.g. managed accounts).
  • Availability of National Private Placement Regime/exemptions (NPPR and PPR).
  • Disclaimer language (legends).
  • Communication methods, including telephone, email, physical delivery of materials, fly-ins, fly-outs, intermediaries, branding and internet marketing, as well as use of social media.
  • Reverse enquiry (passive marketing, reverse solicitation).
  • Impact of fund structure, investment strategy, regulatory status of marketing entity and type of investor on marketing restrictions.
  • Retail and institutional investors, including high net worth investors.

A key feature of the service is our coverage of national as well as global laws impacting marketing activities.

Examples include:

  • Dedicated European Framework Document, a comprehensive overview of European legislation impacting cross-border marketing activities by asset managers.
  • EEA coverage examines the impact of EU law, including AIFMD (Directive 2011/61/EU), UCITS (Directive 2009/65/EC), MiFID (Directives 2004/39/EC and 2014/65/EU), CRD and the Prospectus Directive. Click here for an example of how subscribers are navigated through the legislation, and here for a snapshot of key concepts to familiarise you with the array of acronyms in operation.
  • EEA coverage sets out position when using AIFMD Marketing Passport compared to marketing via Article 36 and Article 42 AIFMD. Detailed analysis of "AIFMD Marketing" and "AIFMD Pre-Marketing" for each jurisdiction also provided.
  • The service will also cover regional arrangements for passporting/mutual recognition of Funds across Asia Pacific e.g. the Hong Kong-China mutual fund recognition scheme, ASEAN CIS Framework and the APEC Asia Region Funds Passport.

Rulefinder Marketing Restrictions - Asset Management has been designed in response to client demand and the content is practical, accessible and presented in a methodical format. There are different levels of information designed to suit the usage requirements of different types of subscribers.

For each jurisdiction, subscribers will have access to:

  • Detailed legal memoranda prepared by local counsel.
  • On-screen traffic light colour-coded report, with unrivalled number of data points.

Navigate the content easily using:

  • Direct hyperlinks from on-screen data points to underlying legal memoranda, legislation and guidance notes.
  • Advanced technology platform featuring a comparison report builder, version control and export to Excel.
  • Blacklined versions of memoranda and on-screen reports.

A dedicated senior legal team work exclusively on the service, including negotiating memoranda with local counsel, preparing the on-screen colour coded reports and monitoring legal changes.

Our fixed annual fees also include:

  • Customised email alerts and pro-active monitoring, flagging to users the likely impact of the update (high, medium, low).
  • Webinars on key topics affecting our subscriber base, e.g. on the impact of AIFMD and on reverse enquiry.
  • "A very user-friendly and helpful format - easy to find the information and very clear in the description. When looking to do business in new jurisdictions it would be a very easy guide to reference"
  • Global Asset Manager