Fundiligence

The European Securities and Markets Authority has issued an opinion on broker models under the Markets in #Crypto-Assets regulation (#MiCA). Key areas of the article include best execution practices, reinforcement of conflicts of interest mitigation, professional conduct, and secure custody of assets. #ESMA's latest opinion highlights significant challenges, especially concerning third-country firms trying to operate in the EU without adhering to regulations.

DORA explained: Principles of Proportionality and Due Diligence process (Part 1) In this article, we will introduce the Principles of Proportionality and explore how Compliance Officers must assess ICT dependencies based on their significance to operations, ensuring the measures match the level of risk. We will discuss the importance of identifying risks from non-substitutable ICT services to avoid over-reliance on single providers and prevent disruptions. #DORA #Compliance #ICTRiskManagement #CyberSecurity #EUCompliance

AML 6th Directive: impact on European football clubs and regulatory challenges. This article explores how the new directive, allowing member states to exempt certain low-risk clubs based on turnover, will impact clubs of all sizes of each European leagues. While aiming for a tailored approach, the directive's flexibility might cause inconsistencies across the EU, potentially creating regulatory loopholes. #Football #AML #Compliance #EURegulations

Choosing the right AML/KYC Software: Key Considerations and Factors to assess before the adoption of a tool. Read the latest article on Fundiligence. Key considerations for adopting these tools include: - Speed of Implementation: Quick deployment is crucial to meet urgent compliance needs. - Customization: Ensuring software flexibility to tailor solutions to specific operational needs. - Advanced Technologies: Utilizing AI, machine learning, and more to enhance the effectiveness of your AML strategies.

Third-Party Management Company: Independency, Oversight, and future scenarios. The article analyzes how third-party Management Companies offer significant advantages to leading asset managers and the fund industry by enhancing investor protection, adding layer of oversight, and reducing potential conflicts of interest. Additionally, the article highlights a trend towards fewer, bigger Super ManCos as mergers and acquisitions increase, potentially leading smaller players to exit the market. #Luxembourg #ManCo #AIFM #ThirdpartyManco #Governance #investorprotection #managementcompany #oversight

Third-Party Management Company: Independency, Oversight, and future scenarios. The article analyzes how third-party Management Companies offer significant advantages to leading asset managers and the fund industry by enhancing investor protection, adding layer of oversight, and reducing potential conflicts of interest. Additionally, the article highlights a trend towards fewer, bigger Super ManCos as mergers and acquisitions increase, potentially leading smaller players to exit the market. #Luxembourg #ManCo #AIFM #ThirdpartyManco #Governance #investorprotection #managementcompany #oversight

Understanding DORA: A Significant Change for Luxembourg's AIFMs Find out how the Digital Operational Resilience Act (DORA) will impact AIFMs in Luxembourg with a special focus on compliance, due diligence, and oversight of third-party providers. #Dora #AIFM #Luxembourg #Cybersecurity #europeanunion #EU

Understanding DORA: A Significant Change for Luxembourg's AIFMs Find out how the Digital Operational Resilience Act (DORA) will impact AIFMs in Luxembourg with a special focus on compliance, due diligence, and oversight of third-party providers. #Dora #AIFM #Luxembourg #Cybersecurity #europeanunion #EU

Understanding the CSSF's New Guidelines on Virtual Assets Investment. This article analyzes the rationale behind the latest CSSF's updates regarding investments in virtual assets by collective investment schemes. Traditional investment funds, such as UCITS, addressed at retail investors, are now explicitly restricted from investing in virtual assets. On the other hand, the CSSF has clarified that Alternative Investment Funds (AIFs) are permitted to include virtual assets in their portfolios, provided they are aimed at well-informed investors. #CSSF #virtualassets #cryptoassets #cryptocurrency #ucits #AIF #alternativeinvestments #AIFM #luxembourg https://lnkd.in/eXepsbey

On March 11, 2024, the Financial Action Task Force (FATF) released new guidelines focusing on the transparency and beneficial ownership of legal entities, with special attention to trusts and analogous legal structures. These guidelines aim to prevent the misuse of such entities for illicit purposes by making the identification of beneficial owners a critical requirement, in line with FATF's Recommendation 25. The document examines the nature and involved parties of express trusts, pinpointing the vulnerabilities these entities might face. It offers detailed advice on evaluating these risks and suggests strategies for both their prevention and reduction. Moreover, the FATF highlights the necessity of maintaining current and precise information on beneficial ownership. The guidelines lay out steps for authenticating this data and define the responsibilities of trustees and registration bodies in ensuring the transparency of these legal arrangements. #fatf #ubo #investmentfund #aml #compliance #luxembourg #caymanislands #london #dublin #uae