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Markets in Financial Instruments Directive II (MiFID II)
Article 92

Article 92 — Amendments to Directive 2011/61/EU

Directive 2011/61/EU is amended as follows:

  1. in point (r) of Article 4(1), the following point is added:

    ‘(vii) a Member State, other than the home Member State, in which an EU AIFM provides the services referred to in Article 6(4);’;

  2. Article 33 is amended as follows:
    1. the title is replaced by the following:

      Conditions for managing EU AIFs established in other Member States and for providing services in other Member States’;

    2. paragraphs 1 and 2 are replaced by the following:

      ‘1. Member States shall ensure that an authorised EU AIFM may, directly or by establishing a branch:

    3. manage EU AIFs established in another Member State, provided that the AIFM is authorised to manage that type of AIF;
    4. provide in another Member State the services referred to in Article 6(4) for which it has been authorised.
      1. An AIFM intending to provide the activities and services referred to in paragraph 1 for the first time shall communicate the following information to the competent authorities of its home Member State:
    5. the Member State in which it intends to manage AIFs directly or to establish a branch, and/or to provide the services referred to in Article 6(4);
    6. a programme of operations stating in particular the services which it intends to perform and/or identifying the AIFs that it intends to manage.’.