Dechert partner Monica Gogna has collaborated with the Investment Association to produce important industry guidance around the new obligations which come into force on 3 January 2018 for the acquisition of investment research by EU MiFID firms.
The new guidance, the Intragroup Research Checklist, serves to assist firms in their understanding and implementation of the new research requirements across global firms with multiple legal entities and was contributed to by the most senior level figures at a number of investment management firms.
The guidance highlights two key points:
- Research acquired out of an asset management firm’s own resources (P&L) may be freely reused across the group without restriction.
- Research acquired with the clients’ money, either in the EU or outside it, may be reused across the group as long as the firm can demonstrate that there is no material detriment or cross subsidisation to any client and the best execution process is not impacted.
The guidance is available in full to members on the Investment Association website.
Dechert LLP acted as sole external counsel in the drafting of the guidance.
Gogna has served as a member of the Investment Association’s working group responsible for the MiFID II inducement regime and the use of research and was a driving force in producing an industry wide solution and guidance in relation to the cross-border regulatory issues affecting the use of research on an intra-group basis.