MFSA announces implementation process for SFDR

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On the February 9, 2021 Malta Financial Services Authority (MFSA) announces the implementation of the Sustainable Finance Disclosure Regulation (SFDR). The process to be adopted with respect to the submission of updates to the pre-contractual document (prospectus) of locally based Collective Investment Schemes, applicable as from March 10, 2021 (SFDR Deadline).

The MFSA issued a communication on February 9, 2021 setting out the process for submission of updated offer documents in line with the SFDR.

The MFSA has launched a fast track filing process for the submission of updates to the Offering Documents, which are based on Level 1 text set forth in the SFDR.

Who the communication was directed to:

UCITS Management Companies

AIFMs

MiFID Investment Firms managing PIF structures by way of delegation

Process for the SFDR fast-track submission:

Self-certify their compliance with the SFDR and notify the MFSA accordingly

Submission documents

·  Updated offer documents of the relevant scheme and sub-fund (as applicable) in track change and final dated;

·  Attestation by the Board of the Financial Market Participant certifying that the amendments made are in accordance with the requirements emanating from the SFDR and no other amendment to the Offer document. Such attestation must at least, include a statement that the offering document of the applicable scheme conforms to SFDR regulation 2019/2088;

·  Resolution of the Board of the relevant scheme confirming that they have seen and approve the changes;

·  Confirmation from the Compliance officer of the scheme that the proposed changes are in line with the requirements emanating from the SFDR;

Deadline for submission:

Deadline- no later than March 10, 2021 to [email protected]

Submissions made after March 3, 2021 will be processed on a best endeavours basis.

 

In respect of AIFs, the submission of the AIFM’s approval of the content of the Offering Memo/Offering Supplements in accordance with R5.05;

In respect of Notified AIFs, the requirement documentation as per R11.38 and R11.39 of Part B III.

 

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