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52.—(1) In this regulation “unlawful marketing” means the marketing of an AIF—
(a)by an AIFM or an investment firm that is not an authorised person in contravention of regulation 49, 50 or 51; or
(b)by an AIFM that is not an authorised person in contravention of a provision of the EuSEF Regulation or the EuVECA Regulation.
[F1(c)by an AIFM that is not an authorised person in contravention of a provision of the ELTIF Regulation.]
(2) Subject to paragraph (3), section 25 of the Act (contravention of section 21) applies to unlawful marketing as it applies to the contravention of section 21(1) of the Act.
(3) When applied by paragraph (2), the reference in section 25(1)(a) to imprisonment for a term not exceeding six months is to be read as a reference to imprisonment for a term not exceeding three months.
(4) Section 168 of the Act (appointment of persons to carry out investigations in particular cases) applies as if the reference at subsection (2)(c) to a contravention of section 21 of the Act included reference to unlawful marketing.
(5) Section 30 of the Act (enforceability of agreements resulting from unlawful communications) applies in relation to—
(a)controlled agreements entered into in consequence of unlawful marketing, as it applies in relation to controlled agreements entered into in consequence of an unlawful communication; and
(b)the exercise of rights conferred by a controlled investment in consequence of unlawful marketing, as it applies in relation to the exercise of such rights in consequence of an unlawful communication.
Textual Amendments
F1Reg. 52(1)(c) inserted (3.12.2015) by The European Long-term Investment Funds Regulations 2015 (S.I. 2015/1882), regs. 1, 4(6)
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