Financial Services & Fintech |  Dec 11, 2012

ESMA publishes guidelines for UCITS funds entering repo and reverse repo agreements

In keeping in its mission to enhance protection to investors and reinforce stable and well-functioning financial markets in the European Union, on the 4th December 2012, the European Securities and Markets Authority (ESMA) published its final guidelines on repurchase and reverse repurchase agreements for UCITS funds following a consultation period.

The guidelines state that UCITS funds should only enter into repo agreements if they are  able to recall the assets at any time, while those that are engaged in reverse repo agreements, if they able to recall the full amount of cash at any time on either an accrued or mark-to-market basis.

The guidelines will be incorporated into ESMA’s Guidelines on ETFs and other UCITS issues, published in July 2012 one they are translated into all EU languages. In a statement ESMA said that “The full set of guidelines will enter into force two months after the publication of the translations. This will result in a comprehensive framework for UCITS that will increase transparency and investor protection and contributes to safeguarding the stability of financial markets.”

For more information about registering a UCITS compliant fund in Malta, please contact GVZH Advocates here.

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Key Contacts

Andrew J Zammit | Managing Partner | GVZH Advocates

Andrew J. Zammit


Kurt Hyzler | GVZH Advocates | Malta Law Firm

Kurt Hyzler


Luca Vella - GVZH Advocates - Malta Law Firm

Luca Vella


Jeanelle Cachia | GVZH Advocates | Malta Law Firm

Jeanelle Cachia


Katia Cachia | GVZH Advocates | Top Tier Law Firm Malta

Katia Cachia


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Danica Decesare


Francesca Anastasi - GVZH Advocates - Malta Law Firm

Francesca Anastasi


Gianluca Vella - GVZH Advocates - Malta Law Firm

Gianluca Falzon


Nicola Fenech Conti - GVZH Advocates - Malta Law Firm

Nicola Fenech Conti


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