Concerns are mounting that passive, index-tracking funds might be notably absent from the UK’s forthcoming “green” fund regime, according to a recent report from the Financial Times. The Financial Conduct Authority’s (FCA) new Sustainability Disclosure Requirements (SDR), set to take effect at the end of July, mandate that funds marketed as sustainable must substantiate their claims with evidence.
However, compliance with the SDR rules may pose significant challenges for passive funds. The report highlights that no exchange-traded funds (ETFs) will be eligible for a “sustainable” label, as they are only available to UK-domiciled funds, while all ETFs accessible in the UK, including those listed on the London stock exchange, are domiciled overseas.
Even passive mutual funds may struggle to meet the regulatory standards set by the UK regulator, raising concerns about potential “greenwashing” within the fund industry. Issuers of passive funds may only be able to claim one of the FCA’s four green labels, namely the “Sustainability Improvers” label.
This designation is designed for products investing in assets with the potential to improve their sustainability over time, particularly those transitioning toward sustainability according to the Paris Climate Accords.
However, the FCA’s stringent criteria, including a requirement that at least 70% of holdings must demonstrate sustainability improvements at the individual asset level, could prove challenging for passive funds. Unlike actively managed funds, which have discretion over their holdings, passive funds typically include every stock or bond in an index and do not actively choose their investments.
The report indicates skepticism from industry experts regarding the feasibility of meeting the FCA’s criteria for passive funds. There are concerns that the regulatory requirements may be impractical for asset managers to implement, potentially leading to underutilization of the “Improvers” label.
While the EU is considering revisions to its Sustainable Finance Disclosure Regulation (SFDR), there is speculation that it may align more closely with the UK’s approach. Despite philosophical debates over the effectiveness of different regulatory approaches, the industry awaits further clarity on how passive funds will navigate the evolving green fund landscape in the UK.
As the deadline for compliance with the Sustainability Disclosure Requirements approaches, the fund industry grapples with the implications of regulatory standards on passive investments and the broader objective of combatting greenwashing while promoting genuine sustainability efforts.