Version Superseded: 23/02/2022
Point in time view as at 03/12/2015. This version of this provision has been superseded.
The Alternative Investment Fund Managers Regulations 2013, Section 58 is up to date with all changes known to be in force on or before 07 March 2025. 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.
58.—(1) A small third country AIFM must give written notification to the FCA before marketing an AIF managed by it.
(2) The notification must include a statement confirming that the following conditions are met—
(a)the AIFM is the person responsible for complying with the implementing provisions relating to the marketing of the AIF; and
(b)the AIFM is a small third country AIFM.
(3) The AIFM must provide the FCA with such information as the FCA directs on—
(a)the main instruments in which the AIFM trades, and
(b)the principal exposures and most important concentrations of the AIFs that it manages,
in order to enable the FCA to monitor systemic risk effectively.
(4) The FCA may not give a direction under paragraph (3) that requires an AIFM to provide information—
(a)if an investor's acquisition of units or shares of the AIF results from marketing that is permitted because of the notification, after the date on which the final such investor disposes of such units or shares; or
(b)if there is no acquisition of units or shares of the AIF resulting from such marketing, after the date on which the AIFM ceases marketing the AIF.
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