United Kingdom | Publication | October 2023
In this latest financial services ESG briefing we compare the regimes that are being developed by EU, US and UK regulators as regards fund names. Investor demand for investment funds that incorporate environmental, social and governance factors have grown and will continue to grow in the future. The name of a fund is important as it is usually the first fund attribute that investors see and can have a significant impact on investment decisions. Financial services regulators are aware of this and have concerns regarding greenwashing.
In response in the EU, the European Securities and Markets Authority is consulting on draft guidelines on funds’ names using ESG or sustainability-related terms. In the UK, the Financial Conduct Authority is consulting on sustainable investment labels and a general anti-greenwashing rule. In the US, amendments are being proposed to rule 35d-18 of the Investment Company Act of 1940 (also known as the “Names Rule”) to expand its scope to apply to any fund name with terms that suggest, among others, investment decisions incorporating one or more ESG factors.
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The DOL issued a final rule expanding the definition of an “investment advice fiduciary” with respect to employee benefit plans and IRAs for purposes of determining who is a “fiduciary” under the Employee Retirement Income Security Act of 1974, as amended.
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With the Court of Final Appeal (CFA) decision of Tam Sze Leung & Ors v Commissioner of Police [2024] HKCFA 8 being handed down on 10 April 2024, the legality and constitutionality of the use of “Letters of No Consent” (LNCs) by the Police has been finally confirmed.
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