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Depositary lite - AIFMD Provision: Difference between revisions
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Non-{{tag|EU}} [[AIF]]s marketed by an {{tag|EU}} [[AIFM]] to EU investors through [[private placement]] are subject to certain somewhat diminished depositary requirements (Article {{aifmdprov|36}} {{tag|AIFMD}}). Unlike Article {{aifmdprov|21}} (which covers the full depositary obligations of an {{aifmdprov|EU AIFM}}/{{aifmdprov|EU AIF}}) there is no strict liability for loss of assets for a {{aifmdprov|non-EU AIF}}, and no requirement to appoint a single {{aifmdprov|depositary}} - therefore this regime is referred to as "{{aifmdprov|Depositary-Lite}}" or "{{aifmdprov|Depo-Lite}}". | Non-{{tag|EU}} [[AIF]]s marketed by an {{tag|EU}} [[AIFM]] to EU investors through [[private placement]] are subject to certain somewhat diminished depositary requirements (Article {{aifmdprov|36}} {{tag|AIFMD}}). Unlike Article {{aifmdprov|21}} (which covers the full depositary obligations of an {{aifmdprov|EU AIFM}}/{{aifmdprov|EU AIF}}) there is no strict liability for loss of assets for a {{aifmdprov|non-EU AIF}}, and no requirement to appoint a single {{aifmdprov|depositary}} - therefore this regime is referred to as "{{aifmdprov|Depositary-Lite}}" or "{{aifmdprov|Depo-Lite}}". | ||
An AIFM must ensure one or more entities are appointed to carry out the following duties of | An AIFM must ensure one or more entities are appointed to carry out the following duties of '''cash flow monitoring''', '''safe-keeping''' and '''oversight''' | ||
{{box|In a {{nutshell}}: | {{box|In a {{nutshell}}: | ||
{{nutshell AIFMD 21(7)}} | {{nutshell AIFMD 21(7)}} | ||