Global Registration Services – Market Update, Q1 2017

AIFMD

Belgium: Marketing AIFs in Belgium without a Passport to Professional Investors

On 24 February 2017, the Financial Services and Markets Authority ("FMSA") released a Communication on the requirements for EEA AIFMs or non-EEA AIFMs to market units or shares of AIFs in Belgium to professional investors on a private placement basis, i.e. under Article 36 or Article 42 of AIFMD, respectively.

The Communication does not change the requirements for registration under Article 36 or Article 42; however, it does standardise the process for filing a notification. Notifications should be filed using template notification forms which were published by the FSMA as part of the Communication. Provided the conditions are met, the FSMA will then grant the non-EEA AIFM express marketing authorisation.