ESMA Consultation Paper regarding Guidelines on funds’ names using ESG or sustainability-related terms

Published on:
February 23, 2023
Submitted to:
ESMA
Submitted by:
SIFMA AMG

Summary

SIFMA AMG provided comments to The European Securities and Markets Authority (ESMA) on their Consultation Paper regarding Guidelines on funds’ names using ESG or sustainability-related terms. SIFMA AMG is supportive of ESMA’s efforts to increase clarity for investors and reduce the risk of “greenwashing.” However, SIFMA AMG has some concerns in relation to ESMA’s proposals.

Excerpt

Executive Summary

SIFMA AMG is supportive of ESMA’s efforts to increase clarity for investors and reduce the risk of “greenwashing.” However, SIFMA AMG has some concerns in relation to ESMA’s proposals, in particular:

• The imposition of quantitative thresholds is inappropriate as they will result in arbitrary outcomes and rely on terms which are not precisely defined.

• A better alternative to quantitative thresholds would be an approach which focuses on the intentionality of the investment fund.

• An additional threshold for the use of the word “sustainable” is not necessary as it may confuse retail investors who may not appreciate the distinction between this and other ESG words.

• The use of safeguards based on Article 12(1)-(2) of Commission Delegated Regulation (EU) 2020/1818 is inappropriate as there are sufficient safeguards built into Article 8 and Article 9 and the DNSH test for sustainable investments, and, in any case, the safeguards proposed are not appropriate for many types of ESG funds.

• There is no added value in adopting specific requirements for funds with transition-related terms in their names given the lack of confirmed definitions of terms such as on “transition” and “transitioner.”

Continue Reading

Details

Download

More Content

  • Letters
    Mar 30, 2026

    Automated Market Makers and the Consistent Application of Securities Market Regulations

    SIFMA comments to the SEC Crypto Task Force highlight key AMM considerations for tokenized securities and the need for tech-neutral safeguards.
  • Letters
    Mar 27, 2026

    Protecting New York’s Economy: Coalition Urges Rejection of FY27 Tax Increase Package

    Coalition urges rejecting FY2027 tax hikes, warning they would raise costs, hurt competitiveness, and weaken New York’s economy.
  • Amicus Briefs
    Mar 25, 2026

    Optimum Communications v. Apollo, et al.

Get the latest trends, stats, and research on financial markets and securities.