Index to the AIFM Directive1
| Chapter I | General provisions |
| Article 1 | Subject matter |
| Article 2 | Scope |
| Article 3 | Exemptions |
| Article 4 | Definitions |
| Article 5 | Determination of AIFM |
| Chapter II | Authorisation of AIFMs |
| Article 6 |
Conditions for tacking up activities as AIFM |
| Article 7 | Application for authorisation |
| Article 8 | Conditions for granting the authorisation |
| Article 9 | Initial capital and own funds |
| Article 10 | Changes in the scope of the authorisation |
| Article 11 | Withdrawal of the authorisation |
| Chapter III | Operating conditions for AIFM |
| Section 1: |
General requirements |
| Article 12 | General principles |
| Article 13 | Remuneration |
| Article 14 | Conflicts of interest |
| Article 15 | Risk management |
| Article 16 | Liquidity management |
| Article 17 | Investment in securitisation positions |
| Section 2: | Organisational requirements |
| Article 18 | General principles |
| Article 19 | Valuation |
| Section 3: | Delegation of AIFM functions |
| Article 20 | Delegation |
| Section 4 | Depositary |
| Article 21 | Depositary |
| Chapter IV | Transperancy requirements |
| Article 22 |
Annual report |
| Article 23 | Disclosure to investors |
| Article 24 | Reporting obligations to competent authorities |
| Chapter V | AIFMs managing specific types of AIF |
| Section 1: | AIFMs managing leveraged AIFs |
| Article 25 |
Use of information by competent authorities, supervisory cooperation and limits to leverage |
| Section 2: | Obligations for AIFMs managing AIFs which acquire control of non-listed companies and issuers |
| Article 26 | Scope |
| Article 27 | Notification of the acquisition of major holdings and control of non-listed companies |
| Article 28 |
Disclosure in case of acquisition of control |
| Article 29 | Specific provisions regarding the annual report of AIFs exercising control of non-listed companies |
| Article 30 | Asset stripping |
| Chapter VI | Rights of EU AIFMs to market and manage EU AIFs in the European Union |
| Article 31 |
Marketing of shares or units of EU AIFs in the home Member State of the AIFM |
| Article 32 | Marketing of shares or units of EU AIFs in other Member States than in the home Member State of the AIFM |
| Article 33 | Conditions for managing AIFs established in other Member States |
| Chapter VII | Specific rules in relation to third countries |
| Article 34 |
Conditions for EU AIFMs which manage non-EU AIFs which are not marketed in Member States |
| Article 35 | Conditions for the marketing in the European Union with a passport of a non-EU AIFs managed by an EU AIFM |
| Article 36 |
Conditions for the marketing in Member States without a passport of non-EU AIFs managed by an EU AIFM |
| Article 37 | Authorisation of non-EU AIFM intending to manage EU AIF and/or market AIF managed by it in the European Union in accordance with Article 35f or 35g |
| Article 38 | Peer review of authorisation and supervision of non-EU AIFMs |
| Article 39 | Conditions for the marketing in the European Union with a passport of EU AIFs managed by a non-EU AIFM |
| Article 40 | Conditions for the marketing in the European Union with a passport of non-EU AIFs managed by a non-EU AIFM |
| Article 41 | Conditions for managing AIsF established in Member States other than the Member State of reference by non-EU AIFMs |
| Article 42 | Conditions for the marketing in Member States without a passport of AIFs managed by a non-EU AIFM |
| Chapter VIII | Marketing to retail investors |
| Article 43 |
Marketing of AIFs by AIFMs to retail investors |
| Chapter IX | Competent authorities |
| Section 1: |
Designation, powers and redress procedures |
| Article 44 | Designation of competent authorities |
| Article 45 | Responsibility of competent authorities in Member States |
| Article 46 | Powers of competent authorities |
| Article 47 | Powers and competences of ESMA |
| Article 48 | Administrative penalties |
| Article 45 | Right of appeal |
| Section 2: | Cooperation between different competent authorities |
| Article 50 | Obligation to co-operate |
| Article 51 | Transfer and retention of personal data |
| Article 52 |
Disclosure of information to third countries |
| Article 53 |
Exchange of information relating to the potential systemic consequences of AIFM activity |
| Article 54 | Co-operation in supervisory activities |
| Article 55 | Dispute settlement |
| Chapter X |
Transitional and final provisions |
| Article 56 |
Exercise of the delegation |
| Article 57 | Revocation of the delegation |
| Article 58 | Objections to delegate acts |
| Article 59 | Implementing measures |
| Article 60 | Disclosure of derogations |
| Article 61 | Transitional provisions |
| Article 62 | Amendment of Directive 2003/41/EC |
| Article 63 | Amendment of Directive 2009/65/EC |
| Article 64 | Amendment to Regulation (EU) No 1060/2009 |
| Article 65 | Amendment of Regulation (EU) no.../2010 |
| Article 66 | Transposition |
| Article 67 | Delegated act on the application of Articles 35 and Articles 37 to 41 |
| Article 68 | Delegated act on the termination of the application of Articles 36 and 42 |
| Article 69 | Review |
| Article 70 | Entry into force |
| Article 71 | Addressees |
| Annex I |
|
| Annex II | Remuneration policy |
| Annex III |
Documentation and information to be provided in case of intended marketing in the home Member State of the AIFM |
| Annex IV | Documentation and information to be provided in case of intended marketing in Member States other than the home Member State of the AIFM |
Footnotes: 1. European Parliament legislative resolution of 11 November 2010 on the proposal for a directive of the European Parliament and of the Council on Alternative Investment Fund Managers and amending Directives 2004/39/EC and 2009/…/EC.
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