ESMA_QA_2770
12/02/2026
Subject Matter
interpretation of the condition "... as long as this would be in the investor’s best interest (i.e. it would result in the investor paying less fees)."
    May I ask you for further clarification of your answer to ESMA_QA_774.

    Q1 :
    The example in your answer shows the very specific example of deducting the performance fee from excess
    performance before calculating the performance fee. The example is not the the normal calculation described
    in the first bullet point where the performance fee is not deducted from excess performance for calculating
    the performance fee. Correct?

    Q2:
    The normal calculation described in the first bullet point where the performance fee is not deducted from
    excess performance for calculating the performance fee means that also a possible performance fee accrued
    until the day before (D-1) is not deducted from excess performance because otherwise the mathematical
    incorrectness which I described in my question still exists for the current performance fee calculation period
    (usually the fiscal year of the fund) with the false result just not including the false effect for the day of
    calculation (D). Correct?

    Q3
    In your answer you formulated the example where the performance fee is deducted from excess performance
    for the calculation of the performance fee as follows:
    EXAMPLE: According to the prospectus, the Management Company will receive a performance fee, equivalent
    to 9% of the positive net earnings of the fund.
    However, as you showed in your mathematical expression the actual, resulting performance fee is not 9% but
    8,26%. As I mentioned in my question normal business as well as legal understanding of "x% of something"
    always means that the result of x% is not deducted from the something before calculating the "final" x%.
    Wouldn't the a.m. wording of the example be the right description for the performance fee calculation
    without deducting the performance fee from the earnings before calculating it; and the correct wording for
    the mathematical expression you showed rather be for example the Management Company will receive a
    performance fee, equivalent to 9% of the positive net earnings of the fund after that performance fee is
    deducted from the net earnings so that the actual performance fee is 8,26%?
    Status: Question Rejected

    Additional Information

    Level 1 Regulation
    Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
    Level 2 Regulation
    UCITS - Directive 2010/43/EU on organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company
    Level 3 Regulation
    Performance Fees - Guidelines on performance fees in UCITS and certain types of AIFs - ESMA34-39-968
    Additional Legal Reference
    Guidelines on performance fees in UCITS and certain types of AIFs - 05/11/2020 | ESMA34- 39-992 EN - paragraph 29
    Historic Question Reference
    ESMA_QA_774
    Topic
    Costs and fees