Fondbolagens förening har, tillsammans med nordiska branschorganisationer, lämnat en skrivelse till kommissionen om de problem som uppstår om fondbolag måste genomföra kontroller av fonddistributörernas kunder. Bakgrunden är ett förslag från EBA som ligger på kommissionens bord.
Ladda ner:
Nordic letter to the Commission regarding AMLR and asset managers
Nordic position regarding AMLR and asset managers - Key possibility to ensure efficient investment fund distribution and simple investor journeys
Annex - The SIFAs Reply to EBA Draft RTS on the Performance of Customer Due Diligence Article 21 of the draft RTS on Article 28(1)
Nordic letter to the Commission regarding AMLR and asset managers
Dear Director-General Mr. Berrigan,
I am writing to you on behalf of the organisations representing the Nordic financial sector. We welcome the Commission’s great efforts on the AML package. However, we would like to raise a concern regarding the possible requirement for asset man-agers/collective investment undertakings to perform customer due diligence (CDD) on investors.
The legal text leaves room for some uncertainty as to whether asset managers are defined to have a business relationship with end investors in their funds when the investors trade through another financial intermediary (e.g. their bank). In those cases, the investor would evidently have a business relationship with their bank, through which they would have undergone the required CDD process.
We understand that EBA has addressed the CDD requirements for asset manag-ers in their draft RTS and have recently also provided advice to the AMLA regard-ing said RTS. EBA bases their proposals on a reference to the AMLR, which we be-lieve is not suitable. Ultimately, we do not find that the proposals from EBA will solve the issue.
If asset managers are to perform CDD on end investors when they invest through a financial intermediary, it will have serious consequences for important EU agen-das, particularly simplification – both for the sector and for the investors. Further-more, it will have strong effects on the Nordic markets, which generally are char-acterised by high levels of investor participation and democratic access to in-vestment funds from a broad range of asset managers.
Please find attached a paper outlining the issue seen from a Nordic perspective and highlighting the potential effects on our markets. The paper is co-signed by the following Nordic organisations, representing a large part of the sector:
- Finance Finland
- Finance Iceland
- Finance Norway
- Finance Sweden
- Swedish Investment Fund Association
- Finance Denmark
We plan to share the letter with our respective national competent authorities and ministries as well.
Lars Gert Lose
CEO, Finance Denmark