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AIFMD: Difference between revisions
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===Application=== | ===Application=== | ||
AIFMD | AIFMD {{aifmdprov|Depositary}} requirements are driven by a combination of the domicile of the {{aifmdprov|AIFM}} and {{aifmdprov|AIF}} and marketing practices: | ||
*'''EU AIFM of EU AIF''': Subject to Full [[Depositary]] requirements (Article {{aifmdprov|21}}) | *'''EU AIFM of EU AIF''': Subject to Full [[Depositary]] requirements (Article {{aifmdprov|21}}) | ||
*'''EU AIFM of non-EU AIF''': Subject to lighter depositary regime (Article {{aifmdprov|36}}) – mandatory in order to market the non EU-AIF marketed to EU investors through [[private placement]]. | *'''EU AIFM of non-EU AIF''': Subject to lighter depositary regime (Article {{aifmdprov|36}}) – mandatory in order to market the non EU-AIF marketed to EU investors through [[private placement]]. | ||
*'''Non-EU AIFM of EU or non-EU AIF''': not subject (at least initially) to any depositary requirements irrespective of whether AIF being marketed to EU investors, except potentially if marketing into certain countries (e.g. Germany, Denmark, France "gold plating"), and any other country specific requirements (e.g. Ireland QIAIF requirements) | *'''Non-EU AIFM of EU or non-EU AIF''': not subject (at least initially) to any depositary requirements irrespective of whether AIF being marketed to EU investors, except potentially if marketing into certain countries (e.g. Germany, Denmark, France "gold plating"), and any other country specific requirements (e.g. Ireland QIAIF requirements) | ||
===={{ | ===={{aifmdprov|Depositary lite}} Regime==== | ||
Non-EU [[AIF]]s marketed by an EU [[AIFM]] to EU investors through [[private placement]] are subject to certain depositary requirements (Article {{aifmdprov|36}} [[AIFMD]]) | Non-EU [[AIF]]s marketed by an EU [[AIFM]] to EU investors through [[private placement]] are subject to certain depositary requirements (Article {{aifmdprov|36}} [[AIFMD]]) | ||