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ARTICLE · 21 JULY 2021

Cross Border Distribution Of Funds

Matheson
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The requirements apply to UCITS management companies and AIFMs in relation to the marketing and distribution of UCITS and AIFs.

IrelandFinance and Banking
Matheson Asset Management And Investment Funds Group
Matheson Asset Management And Investment Funds Group
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New requirements relating to cross border distribution are due to apply from 2 August 2021, when the provisions of the Cross Border Distribution Directive ("CBDD") are due to be transposed into national law and the provisions of the Cross Border Distribution Regulation ("CBDR") are due to come into effect. The requirements apply to UCITS management companies and AIFMs in relation to the marketing and distribution of UCITS and AIFs.

The Cross Border Distribution Directive amends both the UCITS Directive and the AIFMD in the manner set out below.

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New Pre-Marketing Regime

The AIFMD is amended to introduce a new definition of "pre-marketing" and to provide for conditions for the use of pre marketing by EU authorised alternative investment fund managers ("AIFMs"). To date, there has been inconsistency between member states in relation to what activities could be undertaken before formal marketing requiring notification would be deemed to have taken place. Under

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