FINAL PROVISIONS

Article 92Amendments to Directive 2011/61/EU

Directive 2011/61/EU is amended as follows:

  1. (1)

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

    1. (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. (2)

    Article 33 is amended as follows:

    1. (a)

      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. (b)

      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:

      a

      manage EU AIFs established in another Member State, provided that the AIFM is authorised to manage that type of AIF;

      b

      provide in another Member State the services referred to in Article 6(4) for which it has been authorised.

      2

      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:

      a

      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);

      b

      a programme of operations stating in particular the services which it intends to perform and/or identifying the AIFs that it intends to manage.