Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 APRIL 2013

European Commission Publishes Q&A Document On AIFMD

Arthur Cox
Explore more from Arthur Cox

The European Commission has published on its website answers to questions it has received on the interpretation of the Alternative Investment Fund Managers Directive.

European UnionFinance and Banking
Kevin Murphy
Kevin Murphy
Dara Harrington
Dara Harrington
Author LinkedIn connections

The European Commission has published on its website answers to questions it has received on the interpretation of the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (AIFMD). The Q&A document can be found at: http://ec.europa.eu/yqol/index.cfm?fuseaction=legislation. show&lexId=9

The questions concern:

  • transitional provisions;
  • scope and exemptions;
  • the definition of an alternative investment fund (AIF); and
  • MiFID firms and MiFID activities.

We set out below answers given by the Commission on some of the more urgent issues.

Transitional provisions applicable to existing AIFMs

Article 61(1) of AIFMD provides that alternative investment fund managers (AIFMs) performing activities before 22 July 2013 "shall take all necessary measures to comply with national law stemming from this Directive and shall submit an application for authorization within 1 year of that date". The question is whether this means that existing AIFMs have

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Final EBA Guidelines On The Sound Management Of Third-party Risk: What Financial Entities Need To Know

The European Banking Authority has published final Guidelines on the sound management of third-party risk regarding non-ICT services, replacing the 2019 Outsourcing Guidelines and introducing a broader regulatory framework. Financial entities will need to navigate expanded scope requirements, enhanced governance standards, and alignment with DORA while managing compliance timelines and contractual obligations.
IrelandFinance and Banking
Arthur Cox
Arthur Cox
Article

CBI Consults On Third-Party Risk

The Central Bank of Ireland has published a consultation paper proposing new guidance on managing third-party risks that extends beyond traditional outsourcing to encompass partnerships, joint ventures, and fintech collaborations. The proposed framework aligns with recent European Banking Authority guidelines and DORA, introducing a lifecycle-based approach with enhanced contractual provisions and broader scope than the 2021 guidance it will replace. Financial entities now face the challenge of identifying
IrelandFinance and Banking
William Fry LLP
William Fry LLP
Article

Alternative Investment Funds

Ireland offers a sophisticated regulatory framework for Alternative Investment Funds, with structures ranging from ICAVs and Investment Limited Partnerships to Unit Trusts and Common Contractual Funds. The jurisdiction provides flexible options for both retail and institutional investors, with distinct regulatory pathways for RIAIFs, QIAIFs, and ELTIFs, each designed to accommodate different investment strategies and liquidity profiles while maintaining robust investor protections.
IrelandFinance and Banking
K&L Gates
K&L Gates
Article

SFDR 2.0 Trialogue Negotiations: Key Areas Of Focus For Fund Managers

The European Commission's proposed overhaul of the SFDR regime is entering crucial trialogue negotiations, with the Irish Presidency aiming to reach agreement by year-end. While the Council and Parliament have aligned on key issues like professional investor opt-outs, significant divergences remain on exclusion criteria for Transition funds, PAI reporting requirements, and engagement strategy disclosures that will shape the future of sustainable finance regulation.
European UnionFinance and Banking
Dillon Eustace
Dillon Eustace