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Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011
On Alternative Investment Fund Managers
and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (Text with EEA relevance)Alternative Investment Fund Managers Directive – AIFMD
- Recitals
CHAPTER I — GENERAL PROVISIONS- CHAPTER II — AUTHORISATION OF AIFMs
- CHAPTER III — OPERATING CONDITIONS FOR AIFMs
- CHAPTER IV — TRANSPARENCY REQUIREMENTS
- CHAPTER V — AIFMs MANAGING SPECIFIC TYPES OF AIF
- SECTION 1 — AIFMs managing leveraged AIFs
- SECTION 2 — Obligations for AIFMs managing AIFs which acquire control of non-listed companies and issuers
- Article 26 — Scope
- Article 27 — Notification of the acquisition of major holdings and control of non-listed companies
- Article 28 — Disclosure in case of acquisition of control
- Article 29 — Specific provisions regarding the annual report of AIFs exercising control of non-listed companies
- Article 30 — Asset stripping
- CHAPTER VI — RIGHTS OF EU AIFMs TO MARKET AND MANAGE EU AIFs IN THE UNION
- Article 30a — Conditions for pre-marketing in the Union by an EU AIFM
- Article 31 — Marketing of units or shares of EU AIFs in the home Member State of the AIFM
- Article 32 — Marketing of units or shares of EU AIFs in Member States other than in the home Member State of the AIFM
- Article 32a — De-notification of arrangements made for the marketing of units or shares of some or all EU AIFs in the Member States other than in the home Member State of the AIFM
- Article 33 — Conditions for managing EU AIFs established in other Member States and for providing services in other Member States
- CHAPTER VII — SPECIFIC RULES IN RELATION TO THIRD COUNTRIES
- Article 34 — Conditions for EU AIFMs which manage non-EU AIFs which are not marketed in Member States
- Article 35 — Conditions for the marketing in the Union with a passport of a non-EU AIF managed by an EU AIFM
- Article 36 — Conditions for the marketing in Member States without a passport of non-EU AIFs managed by an EU AIFM
- Article 37 — Authorisation of non-EU AIFMs intending to manage EU AIFs and/or market AIFs managed by them in the Union in accordance with Article 39 or 40
- Article 38 — Peer review of authorisation and supervision of non-EU AIFMs
- Article 39 — Conditions for the marketing in the Union with a passport of EU AIFs managed by a non-EU AIFM
- Article 40 — Conditions for the marketing in the Union with a passport of non-EU AIFs managed by a non-EU AIFM
- Article 41 — Conditions for managing AIFs established in Member States other than the Member State of reference by non-EU AIFMs
- Article 42 — Conditions for the marketing in Member States without a passport of AIFs managed by a non-EU AIFM
- CHAPTER VIII — MARKETING TO RETAIL INVESTORS
- CHAPTER IX — COMPETENT AUTHORITIES
- SECTION 1 — Designation, powers and redress procedures
- SECTION 2 — Cooperation between different competent authorities
- Article 50 — Obligation to cooperate
- Article 51 — Transfer and retention of personal data
- Article 52 — Disclosure of information to third countries
- Article 53 — Exchange of information relating to the potential systemic consequences of AIFM activity
- Article 54 — Cooperation in supervisory activities
- Article 55 — Dispute settlement
- CHAPTER X — TRANSITIONAL AND FINAL PROVISIONS
- Article 56 — Exercise of the delegation
- Article 57 — Revocation of the delegation
- Article 58 — Objections to delegated acts
- Article 59 — Implementing measures
- Article 60 — Disclosure of derogations
- Article 61 — Transitional provisions
- Article 63 — Amendments to Directive 2009/65/EC
- Article 64 — Amendment to Regulation (EC) No 1060/2009
- Article 65 — Amendment to Regulation (EU) No 1095/2010
- Article 66 — Transposition
- Article 67 — Delegated act on the application of Article 35 and Articles 37 to 41
- Article 68 — Delegated act on the termination of the application of Articles 36 and 42
- Article 69 — Review
- Article 69a — Assessment of the passport regime
- Article 70 — Entry into force
- Article 71 — Addressees
- ANNEX I
- ANNEX II — REMUNERATION POLICY
- ANNEX III — DOCUMENTATION AND INFORMATION TO BE PROVIDED IN CASE OF INTENDED MARKETING IN THE HOME MEMBER STATE OF THE AIFM
- ANNEX IV — DOCUMENTATION AND INFORMATION TO BE PROVIDED IN THE CASE OF INTENDED MARKETING IN MEMBER STATES OTHER THAN THE HOME MEMBER STATE OF THE AIFM