EU: ESMA confirms ESG and sustainability fund naming rules

ETFs using the term ESG or sustainable in their name must have at least 80% of investments tied to environmental or social characteristics, according to the EU’s new fund naming rules.

The European Securities and Market Authority’s (ESMA) final guidelines, published on 14 May, said funds using those terms must also adhere to the Paris-Aligned Benchmark (PAB) exclusion metrics, meaning no fossil fuel companies can be included.

This is also the case for funds using the term ‘impact’ or ‘impact investing’, the regulator said.

“We can expect many funds to change names,” Hortense Bioy, global director of sustainability research at Morningstar said..

“Those using ESG or sustainability terms in their names will be required to divest from fossil fuel companies.”

However, funds following transition strategies would not be required to use PAB exclusions, instead opting for Climate Transition Benchmark (CTB) exclusions, meaning they can invest in companies deriving part of their revenues from fossil fuels.

“ESMA has recognised that the fossil fuel exclusions in PAB could unnecessarily penalise some funds using terms in their name that are not environmental or that focus on transition strategies,” it said.

The regular introduced a new category for transition-related terms including words such as ‘improving’, ‘progress’, ‘evolution’ and ‘transformation’.

Funds using ‘social’ and ‘governance’ will also be tied to the CTB metrics.

“The rationale behind this proposal is that funds with social or governance terms in their names promoting social characteristics or objectives (or focusing on governance) could be too restricted in their investment universe by fossil fuel exclusions,” it said.

It comes after ESMA launched a call for evidence on ESG fund naming rules in November 2022 as it bids to stamp out greenwashing and protect investors.

Last December, ESMA abandoned its threshold of 50% for funds using sustainability-related words in their fund names after asset managers raised concerns it could amplify the risk of greenwashing.

The issue was particularly important for ETFs which are required to stick to strict naming conventions.

ESMA said existing funds will have roughly six months to adhere to the new rules when they come into force in three months, giving asset months roughly nine months to adjust the guidelines.

13 December 2024

EU: Sweden’s Klarna Bank fined $46 mln for breaking anti-money laundering rules

Sweden’s financial regulator fined Klarna Bank 500 million Swedish crowns ($46 million) on Wednesday for violating anti-money laundering rules. It said a review of the buy now, pay later company

Read More
16 February 2024

US: US, five European countries extend truce over digital taxes until mid-2024

The U.S. and five European countries agreed on Thursday to extend a trade truce over digital services taxes for six months to buy more time for negotiations on international taxing rights over large,

Read More
11 March 2024

AML: Monzo bank in money laundering rules investigation

Digital bank Monzo is being investigated by the Financial Conduct Authority (FCA) over potential breaches of financial crime regulations, the bank has disclosed. The financial watchdog sent letters

Read More
19 January 2024

US: New Guidance On The Subsidiary Exemption Under The CTA’s Beneficial Ownership Information Reporting Rule

In the two weeks since the Corporate Transparency Act (CTA) went into effect (see our alert here), the Financial Crimes Enforcement Network (FinCEN) has published several Frequently Asked Questions

Read More