ESMA_QA_672
02/02/2023
Subject Matter
Performance fees
Original question
Question 7 [last update 16 July 2021]: In case the authorised AIFM 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?
ESMA Answer
16-07-2021
Original language
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 AIFM 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.
Status: Answer Published
Additional Information
Level 1 Regulation
Alternative Investment Fund Managers Directive (AIFMD) Directive 2011/61/EU
Additional Legal Reference
Section XV: ESMA’s guidelines on performance fees in UCITS and certain types of AIFs
Topic
Costs and fees