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AIFM - 24. Index

AIFM

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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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