ESMA_QA_672
02/02/2023
Subject Matter
Performance fees
    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

      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