1. O NOVO REGIME DA GESTÃO DE ATIVOS: A (IN)ESPERADA REGULAMENTAÇÃO?
- Author
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Salgado, Domingos and Pacheco Ferreira, João
- Subjects
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INDUSTRIAL management , *VENTURE capital , *CAPITAL market , *INVESTOR protection , *ASSET management , *CHIEF information officers , *PERSONALLY identifiable information - Abstract
Following the entry into force of the Asset Management Framework, approved by Decree-Law 27/2023 of 28 April ("AMF") and a public consultation process that included many contributions, after a long wait by all agents in the relevant markets, on 1 January 2024, CMVM Regulation 7/2023 of 29 December ("AMFR") came into force to regulate the AMF. Following the unification of the framework applicable to collective investment - formerly the General Collective Investment Organizations Framework ("GCIOF") - and to risk capital - formerly the Legal Risk Capital Framework - operated by the AMF, the AMFR regulates this new legal framework, replacing the main regulations previously applicable to both activities: CMVM Regulations 2/2015 of 17 July and 3/2015 of 3 November. Similar to what happens with the AMF, the AMFR also follows more closely the previous collective investment framework - although with some new features, as explained below - thus requiring a greater effort from players in the risk capital market to adapt to the new framework. To accommodate for management companies and respective collective investment organisations ("CIO") who need to adapt to the AMFR, the regulation provides a 180-day term from its entry into force to adapt. As the preamble of the AMFR states, this regulation seeks, as does the AMF, to increase "regulatory solutions in terms of simplification and proportionality, with a view to promoting the competitiveness and efficiency of the national market, as well as investor protection". In this context, several different types of regulatory changes are recommended. As these regulations are known for their complex and granular regulation of collective investment activities, our analysis focuses on the specific changes to the applicable framework that we believe could more significantly affect CIOs in practice - a concept that includes the former "venture capital funds", now characterised as alternative venture capital investment bodies. [ABSTRACT FROM AUTHOR]
- Published
- 2024