AIFMD II entered into force on 16 April 2024, and
Member States have 2 years to implement it. By clarifying the
rules applying to loan origination by alternative investment funds,
AIFMD II will help Luxembourg, as a global leader in debt
funds, extend its influence in European finance.
LOAN ORIGINATION IN AIFMD II
AIFMD II DEFINES
"LOAN-ORIGINATING AIF" (LOF) AS AN AIF WHOSE INVESTMENT
STRATEGY IS MAINLY TO ORIGINATE LOANS; OR, WHEN THE VALUE OF AN
AIF'S ORIGINATED LOANS REPRESENTS AT LEAST 50% OF ITS NAV.
Thibaut Partsch, partner, Elvinger Hoss Prussen
EU AIFMs will now be able to originate loans across the EU under
the passport regime, as AIFMD II adds this to the functions
that an AIFM may perform while managing an AIF. In this way,
AIFMD II aims to provide financing for the real economy and
lay out common rules, which is critical for EU SMEs having trouble
accessing traditional lending. It settles years of uncertainty on
the possibility for actors other