The Alternative Investment Fund Managers Regulations 2013 No. 1773

[F1 [F2 SCHEDULE A1 U.K. Transfer of Functions to the Treasury and the FCA

Textual Amendments

F1 Regulations 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)

F2 Sch. A1 inserted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 15(2) (as amended by S.I. 2019/325, reg. 58 and The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1301), regs. 1, 3, Sch. para. 19(b)); 2020 c. 1, Sch. 5 para. 1(1)

PART 3 U.K. Powers to make technical standards transferred to the FCA

27.   The purposes set out in paragraphs 28 to 31 are specified for the purposes of Regulation 69A(5). U.K.

28.   To specify— U.K.

(a) the information to be provided to the FCA in an application for the authorisation of the AIFM, including the programme of activity;

(b) standard forms, templates and procedures for the provision of that information.

29.   To determine types of AIFMs, where relevant in the application of these Regulations, and to rules made by the FCA in relation to AIFMs. U.K.

30.   To specify the— U.K.

(a) requirements applicable to the AIFMs under paragraph 2C(1)(f) of Schedule 6 to the Act;

(b) requirements applicable to shareholders and members with qualifying holdings referred to in regulation 5(3)(d);

(c) obstacles which may prevent effective exercise of the supervisory functions of the FCA.

31.   To make provision for— U.K.

(a) the manner in which a third country AIFM must comply with the requirements laid down in these Regulations, and in the Investment Funds sourcebook and other rules made by the FCA which apply to the AIFM, taking into account that the AIFM is established in a third country and in particular the presentation of the information required in sections 3.2, 3.3 and 3.4 of the Investment Funds sourcebook;

(b) the conditions under which the law to which a third country AIFM or a third country AIF is subject is considered to provide for an equivalent rule having the same regulatory purpose and offering the same level of protection to the relevant investors.]]