AI Summary of Article 13
This directive outlines the conditions under which management companies may delegate functions to third parties, ensuring compliance with regulatory standards while maintaining investor interests. Prior notification to the competent authorities is required, and the delegation must not hinder supervisory effectiveness or create conflicts of interest.
Management companies remain liable for delegated functions and must avoid becoming mere letter-box entities. Specific exceptions apply to marketing functions, and ESMA is tasked with reporting on market practices by 2029, ensuring alignment with regulatory expectations and compliance requirements.
Article 13
1. Management companies which intend to delegate to third parties the task of carrying out, on their behalf, one or more of the functions referred to in Annex II or of the services referred to in Article 6(3), shall notify the competent authorities of their home Member State before the delegation arrangements become effective. The following conditions shall be met:
If the law of the management company's home Member State allows management companies to delegate to third parties for the purpose of a more efficient conduct of the companies' business, to carry out on their behalf one or more of their own functions, all of the following preconditions shall be complied with:
(a) the management company must inform the competent authorities of its home Member State in an appropriate manner; the competent authorities of the management company's home Member State must, without delay, transmit the information to the competent authorities of the UCITS home Member State;
(b) the mandate must not prevent the effectiveness of supervision of the management company, and, in particular, must not prevent the management company from acting, or the UCITS from being managed, in the best interests of its investors and clients;