Template:AIFMD 36(1): Difference between revisions

{{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>

:(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>