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The Alternative Investment Fund Managers Regulations 2013, Section 62 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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62.—(1) The FCA may revoke an AIFM's entitlement to market an AIF following a notification under regulation 57, 58 or 59 if it appears to the FCA that—
(a)the AIFM, or the [F2third country AIF custodian] of that AIF, has contravened an implementing provision which applies to it;
(b)the AIFM, or the [F2third country AIF custodian] of that AIF, has in purported compliance with an implementing provision, knowingly or recklessly given the FCA information which is false or misleading in a material particular;
(c)one or more of the conditions confirmed in the notification as being met is no longer satisfied;
(d)the AIF is wound up; or
(e)none of sub-paragraphs (a) to (d) applies, but it is undesirable in the interests of investors or potential investors that the AIF should continue to be marketed.
(2) If the FCA proposes to revoke an AIFM's entitlement to market an AIF on a ground mentioned in paragraph (1)(a), (b), (c) or (e), it must give a warning notice to the AIFM and, in the case of an entitlement to market following a notification under regulation 57, to the [F2third country AIF custodian] of that AIF.
(3) If the FCA decides to revoke an AIFM's entitlement to market an AIF under paragraph (1)—
(a)it must give a decision notice to the AIFM and, in the case of an entitlement to market following a notification under regulation 57, to the [F2third country AIF custodian] of that AIF; and
(b)the AIFM or the [F2third country AIF custodian] may refer the matter to the Tribunal.]
Textual Amendments
F1Regulations revoked (14.12.2023 for the revocation of reg. 79) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(vi)
F2Words in reg. 62 substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 11(1) (as amended by S.I. 2019/325, reg. 58); 2020 c. 1, Sch. 5 para. 1(1)
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