Template:AIFMD 36(1): Difference between revisions
Jump to navigation
Jump to search
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 1: | Line 1: | ||
{{aifmdprov|36(1)}}. Without prejudice to Article {{aifmdprov|35}}, Member States may allow an authorised EU [[AIFM]] to market to professional investors, in their territory only, units or shares of non-EU AIFs it manages and of EU feeder AIFs that do not fulfil the requirements referred to in the second subparagraph of Article {{aifmdprov|31(1)}}, provided that: <br> | {{aifmdprov|36(1)}}. Without prejudice to Article {{aifmdprov|35}}, Member States may allow an authorised EU [[AIFM]] to market to professional investors, in their territory only, units or shares of non-EU AIFs it manages and of EU feeder AIFs that do not fulfil the requirements referred to in the second subparagraph of Article {{aifmdprov|31(1)}}, provided that: <br> | ||
:(a) the [[AIFM]] complies with all the requirements established in this Directive with the exception of Article {{aifmdprov|21}}. That AIFM shall however ensure that one or more entities are appointed to carry out the duties referred to in Article {{aifmdprov|21(7)}}, {{aifmdprov|21(8)}} and {{aifmdprov|21(9)}}. The [[AIFM]] shall not perform those functions. The [[AIFM]] shall provide its supervisory authorities with information about the identity of those entities responsible for carrying out the duties referred to in Article {{aifmdprov|21(7)}}, {{aifmdprov|21(8)}} and {{aifmdprov|21(9)}}; <br> | :(a) the [[AIFM]] complies with all the requirements established in this Directive with the exception of Article {{aifmdprov|21}}. That AIFM shall however ensure that one or more entities are appointed to carry out the duties referred to in Article {{aifmdprov|21(7)}}, {{aifmdprov|21(8)}} and {{aifmdprov|21(9)}}. The [[AIFM]] shall not perform those functions. The [[AIFM]] shall provide its supervisory authorities with information about the identity of those entities responsible for carrying out the duties referred to in Article {{aifmdprov|21(7)}}, {{aifmdprov|21(8)}} and {{aifmdprov|21(9)}}; <br> | ||
:(b) appropriate cooperation arrangements for the purpose of systemic risk oversight and in line with international standards are in place between the competent authorities of the home Member State of the [[AIFM]] and the supervisory authorities of the third country where the non-EU [[AIF]] is established in order to ensure an efficient exchange of information that allows the competent authorities of the home Member State of the [[AIFM]] to carry out their duties in accordance with this Directive; <br> | :(b) appropriate cooperation arrangements for the purpose of systemic risk oversight and in line with international standards are in place between the competent authorities of the home Member State of the [[AIFM]] and the supervisory authorities of the third country where the non-EU [[AIF]] is established in order to ensure an efficient exchange of information that allows the competent authorities of the home Member State of the [[AIFM]] to carry out their duties in accordance with this Directive; <br> | ||
:(c) the third country where the non-EU [[AIF]] is established is not listed as a Non-Cooperative Country and Territory by FATF.<br> | :(c) the third country where the non-EU [[AIF]] is established is not listed as a Non-Cooperative Country and Territory by FATF.<br> | ||
Latest revision as of 11:31, 30 January 2015
36(1). Without prejudice to Article 35, Member States may allow an authorised EU AIFM to market to professional investors, in their territory only, units or shares of non-EU AIFs it manages and of EU feeder AIFs that do not fulfil the requirements referred to in the second subparagraph of Article 31(1), provided that:
- (a) the AIFM complies with all the requirements established in this Directive with the exception of Article 21. That AIFM shall however ensure that one or more entities are appointed to carry out the duties referred to in Article 21(7), 21(8) and 21(9). The AIFM shall not perform those functions. The AIFM shall provide its supervisory authorities with information about the identity of those entities responsible for carrying out the duties referred to in Article 21(7), 21(8) and 21(9);
- (b) appropriate cooperation arrangements for the purpose of systemic risk oversight and in line with international standards are in place between the competent authorities of the home Member State of the AIFM and the supervisory authorities of the third country where the non-EU AIF is established in order to ensure an efficient exchange of information that allows the competent authorities of the home Member State of the AIFM to carry out their duties in accordance with this Directive;
- (c) the third country where the non-EU AIF is established is not listed as a Non-Cooperative Country and Territory by FATF.