Members' Research Service By / June 20, 2022

Amendments to AIFMD and UCITSD: Managing risks and protecting investors [EU Legislation in Progress]

Capital markets legislation in the EU is composed of several legislative texts.

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Written by Issam hallak (4th edition, updated on 10.06.2024).

Two European Union (EU) directives regulate the EU collective investment funds industry: the Directive relating to undertakings for collective investment in transferable securities (UCITS) and the Alternative Investment Funds Manager Directive (AIFMD). The UCITS Directive, which covers mutual funds, lays down uniform rules, allowing them to be offered cross-border, while the AIFMD, which covers hedge funds and private equity, lays down the rules for authorising, supervising and overseeing the managers of such funds. While reviewing the application of the scope of the AIFMD (as mandated), the European Commission considered that a number of issues highlighted in the AIFMD review were equally relevant for the activities of UCITS. As a result, it proposed to amend both directives, to better align their requirements.

The Council agreed on its general approach in June 2022. Within the European Parliament, the file was assigned to the Committee on Economic and Monetary Affairs (ECON). It adopted its report in February 2023, and Parliament confirmed the committee’s decision to enter into interinstitutional negotiations in plenary the same month. The co-legislators reached a provisional agreement in July 2023. The final directive was published in the Official Journal on 26 March 2024 and entered into force 20 days later.

Complete version

Proposal for a Directive of the European Parliament and of the Council amending Directives 2011/61/EU and 2009/65/EC as regards delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and custody services and loan origination by alternative investment funds
Committee responsible:Economic and Monetary Affairs (ECON)COM(2021) 721
25.11.2021
Rapporteur:Isabel Benjumea (EPP, Spain)2021/0376(COD)
Shadow rapporteurs:Paul Tang (S&D, the Netherlands)
Billy Kelleher (Renew, Ireland)
Mikuláš Peksa (Greens/EFA, Czechia)
Gunnar Beck (ID, Germany)
Eugen Jurzyca (ECR, Slovakia)
José Gusmão (The Left, Portugal)
Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing –
formerly ‘co-decision’)
Procedure completed.
Directive (EU) 2024/927
OJ L, 2024/927, 26.3.2024
Stage: procedure completed


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