ESMA · ESMA_QA_965 Answer Published
Application of the guidelines to funds with multiple portfolio managers
- Regulation
- Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
- Topic
- Costs and fees
- Submitted
- 2021-07-01
- Answered
- 2021-07-01
Question
In case the authorised management company has delegated the portfolio management function to different delegated portfolio managers, would it be admissible to pay a performance fee to those delegated portfolio managers who have overperformed during the performance reference period, despite a global underperformance of the fund during the same performance reference period?
Answer
[ESMA 34-43-392 UCITS Q&A, Section 11, 5a] No. Based on paragraph 37 of the guidelines, performance fees: should be paid only where positive performance has been accrued during the performance reference period; could be paid in case the fund has overperformed the reference benchmark but had a negative performance. The above also applies in case of delegation by the authorised management company to different delegated portfolio managers. Therefore, in case of a global underperformance of the fund, performance fees should not be paid to those delegated portfolio managers who have overperformed.
This Q&A is published by European Securities and Markets Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.
Similar Q&As
More Q&As on this topic
Performance fees for feeder funds
Answered 2025-07-15
Crystallisation of performance fees in case of the creation of a new UCITS/compartment/share class in the course of the financial year
Answered 2024-10-03
Performance fees
Answered 2024-05-24
Performance fees
Answered 2024-05-24
Performance reference period for the hurdle rate model
Answered 2022-05-20
📋 Track EU financial regulation continuously
Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.
14-day free trial. No credit card required.