Last summer, we from DUFAS responded to the consultation.
European passport regime
Although the EU passporting regime is longstanding, cross-border asset managers still face divergent national requirements and supervisory practices. The Commission's proposals set out to largely eliminate these differences. By harmonizing authorization procedures for UCITS and AIFMs, limiting goldplating and facilitating cross-border marketing, it clarifies the framework for cross-border asset managers to create a more level playing field within the EU.
Group structures
An important other element of the MIP package is the treatment of group structures among UCITS managers and AIFMs. By, among other things, no longer automatically classifying intra-group cooperation as delegation, the legislative framework is more in line with the way international asset managers are organized to use resources and expertise more efficiently within groups. This makes it easier to outsource work within a group.
Depositary passport
The proposal to introduce an EU depositary passport is aimed at increasing choice and competition within the European depositary market. For funds and managers, this could lead to a wider range of services and more flexibility in the design of fund structures. Further elaboration of this proposal offers the opportunity to better link market forces and supervisory objectives.
Supervisory Convergence
In addition to market integration, the package pushes for further harmonization of supervisory practices and a more central role for ESMA within different parts of these supervisory practices. A common supervisory framework is thus seen as an important prerequisite for further market integration. For asset management companies, this will particularly relate to large internationally operating parties.
Settlement finality
The conversion of the Settlement Finality Directive into a directly applicable Settlement Finality Regulation strengthens the legal foundation of the European market infrastructure. By eliminating differences in national treatment and explicitly taking into account technological developments such as DLT and tokenization, the basis for an innovative capital market is further strengthened. This is an important step for the future-proofing of European capital markets.
The MIP package underlines that the European Commission is serious about further integration of European capital markets. The upcoming legislative phase will determine the final shape of the package, but the strategic direction is clear. The proposal is now before the Council and the European Parliament. A first introductory working group has now taken place in the Council and the Cypriot presidency will take the substantive work forward from 2026. In the European Parliament, a rapporteur will first be appointed in the coming period. From DUFAS we will analyze the content of the package in the coming weeks, together with the relevant expert groups.
