FINAL PROVISIONS
Article 92Amendments 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);
- (vii)
- (2)
Article 33 is amended as follows:
- (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
- (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.
- (a)