AMF and CSSF Regulatory Update—Fourth Quarter 2021

AMF Updates—December

• AMF Sanctions a Financial Investment Advice Company and Its Director for Breaches of Professional Obligations
• Sustainable Finance Regulation: AFG Report on the Taxonomy Regulation and SFDR RTSs
• AMF Publishes a Guide on Filing and Disseminating Regulated Information
• AFG Publishes a Position Paper Calling for the Adoption of a Cross-Functional and Coordinated Approach to Financial and ESG Data Providers Operating in the EU
• AMF, ASPIM and AFG Publish a Guide on the Application of Level 1 of the Taxonomy/Real Estate Fund Regulation
• ESMA Publishes 2021 ESEF XBRL Taxonomy Files and ESEF Conformance Suite
• The Paris Public Prosecutor’s Office, AMF, ACPR, and DGCCRF Actively Cooperate in the Fight against Financial Scams
• 11 ASPIM Proposals for the Non-Listed Real Estate Investment Sector
• Statement on Transfer of Competences and Duties Relating to Certain DRSPs from NCAs to ESMA
• ESMA Issues Statement on Supervision of the CO and DTO Following the Benchmark Transition
• Report on Climate Issues: AMF Publishes Report Supporting Companies Preparing for Strengthening Regulatory Requirements
• ESMA Updates Four Sets of Q&As
• Transaction Settlement Discipline: Supervisory Approach to Implementation of CSDR Measures
• ACPR and AMF Publish Report on the Climate Commitments of Market Actors
• Data Breach: CNIL Fines SLIMPAY EUR 180,000

AMF Updates—November

• Joint EBA-ESMA Guidelines on the Assessment of the Suitability of Members of the Management Body and Key Function Holders
• European Commission Launches a Consultation on Corporate Reporting
• ESMA Proposes Changes to the Scope of the CO and DTO for the Benchmark Transition
• ESMA Seeks Investor Protection and Intermediaries Experts for Stakeholder Panel
• ESMA Launches Public Consultations on Central Counterparty Resolution Regime
• ESMA and the EBA Consult on Framework for the Supervisory Review and Evaluation Process of Investment Firms
• ESMA Consults on Public Consultations on Central Counterparty Investment Practices for Highly Liquid Financial Instruments
• European Commission Launches a Public Consultation on Public Capital Markets and Access to Capital for SMEs
• ESMA Seeks Input on EMIR Clearing Threshold Framework
• ESMA Publishes Its 2020 Annual Report on EU Market Abuse Sanctions
• Combating ML/TF: AMF Applies EBA Guidelines on Risk Factors
• EIOPA, ESMA and the EBA Submit Draft RTSs under the SFDR
• ESMA Continues to See Risk of Market Corrections amid Elevated Valuations
• Format and Procedures for Filing AFRs and URD Equivalents of AFRs as of January 1, 2022

AMF Updates—October

• The AMF Will Apply ESMA’s Guidance on Advertising in Line with the EU’s Regulation on Cross-Border Distribution by Collective Investment Schemes
• AMF and ECB Sign Cooperation Agreement Relating to Supervision
• Decision of September 16, 2021, Certifying Modifications to the AMF General Regulation
• New Economic Classification of SCPI and OPCI
• Market Data: The AMF Applies ESMA’s Guidance
• Protection of Investors: The AMF Publishes a Summary of Lessons Following SPOT Controls on Governance of Financial Instruments
• ESMA Proposes New Rules for Taxonomy Regulation–Related Product Disclosure
• Loan Grant: The AMF Publishes Lessons from Its Controls of Six Asset Management Companies
• ESMA Publishes Statement on Investment Recommendations Made on Social Media
• Extra-financial Reporting 2021: The AMF Encourages Listed Companies to Implement ESMA’s Recommendations

CSSF Updates

• CSSF: Circular CSSF 21/785,  Material IT Outsourcing
• CSSF: Circular CSSF 21/786, FATF Statements (Repealing Circular CSSF 21/775 of July 5, 2021)
• CSSF: FAQ on Virtual Assets
• Taxonomy Regulation: Communication on Regulatory Requirements and Fast-Track Procedure
• CSSF: 2021 Survey Related to the Fight Against ML/TF
• CSSF: FAQ Concerning the Luxembourg Law of December 17, 2010, Relating to UCITS
• CSSF: Publication of Circulars CSSF 21/788, 21/789 and 21/790 Concerning IFMs and UCIs