Process clarifications for UCITS and AIFs pre-contractual documentation updates in relation to the Commission Delegated Regulation (EU) 2023/363

The Central Bank of Ireland (CBI) has established a streamlined filing process for updates to pre-contractual documentation for UCITS, RIAIFs, and QIAIFs, in relation to the Commission Delegated Regulation (EU) 2023/363. The regulation amends and corrects the regulatory technical standards laid down in Commission Delegated Regulation (EU) 2022/1288, with respect to disclosures in pre-contractual documents and periodic reports for financial products investing in environmentally sustainable economic activities.
UCITS management companies and Alternative Investment Fund Managers (AIFMs) will be required to certify compliance with the requirements via an attestation. The responsibility for ensuring compliance with the applicable requirements rests with the relevant Manager.
The Central Bank will issue a noting/confirmation of receipt following the submission of each update. However, it may require revisions to documentation at a later date, as it plans to review a sample of the submissions received and engage with selected applicants on a bilateral basis.
Updated documentation and attestations should be submitted to the dedicated mailbox SFDR@centralbank.ie as soon as possible. Filings must be made promptly to ensure compliance with the Delegated Regulation amending the regulatory technical standards.
The streamlined process is only available for updates related to Commission Delegated Regulation (EU) 2023/363, other SFDR level 1 or 2 requirements, and updates to ensure consistency with the disclosures included in the annex laid down in Commission Delegated Regulation (EU) 2022/1288. Other changes must comply with the usual CBI review process for the relevant fund.