F1PART 6Marketing of AIFs

Annotations:
Amendments (Textual)

CHAPTER 1General Provisions

Contravention by authorised person53

1

In this regulation “unlawful marketing” means the marketing of an AIF—

a

by an authorised person that is an AIFM or an investment firm in contravention of regulation 49, 50 or 51; or

b

by an authorised person that is an AIFM in contravention of a provision of the EuSEF Regulation or the EuVECA Regulation.

F2c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Unlawful marketing is actionable at the suit of a private person who suffers loss as a result of such marketing, subject to the defences and other incidents applying to actions for breach of statutory duty.

3

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 238 of the Act included reference to unlawful marketing.