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ARTICLE · 10 OCTOBER 2018

Improved Investor Protection Through Regulations For AIFM Depositaries

In July 2013 the Alternative Investment Fund Manager Directive 2011/61/EU (AIFMD) was implemented.

LuxembourgWealth Management

In July 2013 the Alternative Investment Fund Manager Directive 2011/61/EU (AIFMD) was implemented. After an almost two-year delay since its initial draft, the implementation of the directive set important standards for marketing, capital raising, valuation, risk monitoring and reporting, as well as compliance and accountability for alternative investment funds. The directive applied, among others, to hedge funds, real estate funds and private equity funds.

With its implementation just before the financial crisis, investor protection was at the heart of the AIFMD. Besides the previously existing key players, such as the fund manager and fund administrator, the depositary was introduced for providing a 'supervisory' role for funds that have to comply with the AIFMD or for marketing non-EU funds to EU investors (so-called 'Depo-light' regime).

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