On 2 August 2021, ESMA published the final version of guidelines on marketing communications under the regulation on cross-border distribution of funds, translated into the official EU languages.

The guidelines should apply to all marketing communications addressed to investors or potential investors for UCITS and AIFs, including when they are set up as EuVECAs, EuSEFs, ELTIFs and MMFs.

National competent authorities to which these guidelines apply must notify ESMA whether they comply or intend to comply with the guidelines, with reasons for non-compliance, within two months of the date of publication by ESMA. In the absence of a response by this deadline, national competent authorities will be considered as non-compliant.

The guidelines will apply six months after the date of the publication of the guidelines on ESMA’s website in all EU official languages, ie from 2 February 2022.

The guidelines can be found here.