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.

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