ARTICLE
2 June 2014

Amendments To UK Implementation Of AIFMD

AO
A&O Shearman

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On 23 May 2014, secondary legislation amending UK legislation implementing the Alternative Investment Fund Managers Directive was published.
United Kingdom Finance and Banking

On 23 May 2014, secondary legislation amending UK legislation implementing the Alternative Investment Fund Managers Directive ("AIFMD") was published. The secondary legislation includes provisions: (i) requiring the management of an AIF from outside of the EEA that is registered or marketed in an EEA member state (including the UK) to be regulated as if the management was taking place in the UK; (ii) to allow Gibraltar-based entities to exercise the same EU passporting rights under the AIFMD as their UK counterparts; (iii) amending transitional provisions for UK firms being brought within the scope of AIFMD so that if transitional firms have not had their FCA application determined by the end of the transitional period, they may continue to manage and market funds within the UK (but not other Member States) as if they had been granted the authorization or registration for which they had applied until their application is so determined; and (iv) amending the date by which a firm must notify the FCA of its intention to carry out the activity of insurance mediation. The secondary legislation will come into force 16 June 2014, with the exception of Article 6 which will enter into force on 22 July 2014.

The legislation is available at: http://www.legislation.gov.uk/uksi/2014/1292/pdfs/uksi_20141292_en.pdf and http://www.legislation.gov.uk/uksi/2014/1313/pdfs/uksi_20141313_en.pdf .

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