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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

In the past several years, the EU spent a considerable amount of time and effort regulating sustainable finance. From the EU taxonomy to the SFDR, EU regulators have attempted to strengthen investor confidence in sustainable funds. Improperly named funds are a problem in sustainable finance. Retail investors often make assumptions based on fund names, and those assumptions aren’t always accurate. That’s why multiple jurisdictions, including the EU, adopted fund name rules and guidance. These rules clarify the sustainability obligations that come with sustainability-based names. New research from the European Securities and Markets Authority (ESMA) indicates that the fund name guidance issued in 2024 is working:

“The study found that ESMA’s Guidelines have:

  • Improved consistency in the use of ESG terms by increasing alignment of fund names and their actual investment strategies.
  • Enhanced investor protection by reducing greenwashing risks.

Drawing on nearly 1,000 shareholder notifications in reaction to the guidelines from the 25 largest EU asset managers with EUR 7.5 trillion in assets under management, the study found that:

  • 64% of the funds mentioned in shareholder notifications changed their name, in most cases to avoid the use of ESG related terminology.
  • 56% updated their investment policies to strengthen their sustainability focus.

The study then focuses on the impact of the fossil-fuel related exclusions on 4,000 EU funds using ESG terminology in their names, with EUR 2 trillion in assets under management. The analysis shows that:

  • Funds with higher fossil fuel exposures were more likely to remove ESG terms from their names, underscoring how portfolio composition influences compliance choices.
  • Since the publication of the guidelines, funds retaining ESG terms in their names have reduced their portfolio share of fossil fuel holdings more than all other funds, suggesting efforts to green their portfolios.”

While the ESMA’s guidelines have led to many funds renaming rather than changing their investment practices, these results still mark a win for the agency. The exodus of ESG funds helped separate the wheat from the chaff, giving investors greater confidence.

Our members can learn more about sustainable finance here.

Interested in a membership with access to the complete range of benefits and resources? Sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information compiled without the use of AI.

Practical Guidance for Companies, Curated for Clarity.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile