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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 16 July 2013

European Union (Alternative Investment Fund Managers) Regulations, 2013 (AIFMD Regulations) [S.I. No. 257 of 2013]

Comparing proposed amendment...
Introductory Text
Part 1 Preliminary (regs. 1-6)
In force
Regulation 1 Citation.
In force
Regulation 2 Subject matter.
In force
Regulation 3 Scope.
In force
Regulation 4 Exemptions.
In force
Regulation 5 Interpretation.
In force
Regulation 6 Determination of the AIFM.
Part 2 Authorisation of AIFMs (regs. 7-12)
In force
Regulation 7 Conditions for taking up AIFM activities.
In force
Regulation 8 Application for authorisation.
In force
Regulatiion 9 Conditions for granting authorisation.
In force
Regulation 10 Initial capital and own funds.
In force
Regulation 11 Changes in the scope of the authorisation.
In force
Regulation 12 Withdrawal of the authorisation.
Part 3 Operating conditions for AIFMs (regs. 13-44A)
Chapter 1 General requirements (regs. 13-18)
In force
Regulation 13 General principles.
In force
Regulaton 14 Remuneration.
In force
Regulation 15 Conflicts of interest.
In force
Regulation 16 Risk management.
In force
Regulation 17 Supplemental provision in relation to Regulation 16.
In force
Regulation 18 Liquidity management.
Chapter 2 Organisational Requirements (regs. 19-20)
In force
Regulation 19 General principles.
In force
Regulation 20 Valuation.
Chapter 3 Delegation of AIFM Functions (reg. 21)
In force
Regulation 21 Delegation.
Chapter 4 Depositary (reg. 22)
In force
Regulation 22 Depositary.
Chapter 5 Transparency Requirements (regs. 23-25)
In force
Regulation 23 Annual report.
In force
Regulation 24 Disclosure to investors.
In force
Regulation 25 Reporting obligations to competent authorities.
Chapter 6 AIFMs Managing Specific Types of AIF (regs. 26-31A)
Division 1 AIFMS Managing Leveraged AIFS (reg. 26)
In force
Regulation 26 Use of information by competent authorities, supervisory cooperation and limits to leverage.
Division 2 Obligations for AIFMS Managing AIFS which Acquire Control of Non-Listed Companies and Issuers (regs. 27-31A)
In force
Regulation 27 Scope.
In force
Regulation 28 Notification of the acquisition of major holdings and control of non-listed companies.
In force
Regulation 29 Disclosure in case of acquisition of control.
In force
Regulation 30 Specific provisions regarding the annual report of AIFs exercising control of non-listed companies.
In force
Regulation 31 Asset stripping.
In force
Regulation 31A Conditions for pre-marketing in European Union by EU AIFM
Chapter 7 Marketing and managing EU AIFs (regs. 32-34)
In force
Regulation 32 Marketing of units or shares of EU AIFs managed by Irish AIFMs in the State.
In force
Regulation 33 Other Cases of Marketing of Units or Shares of EU AIFs.
In force
Regulation 33A De-notification of arrangements made for marketing of units or shares of some or all EU AIFs in Member States other than in home Member State of the AIFM
In force
Regulation 34 Conditions for Irish AIFMs managing EU AIFs established in other Member States and for AIFMs from other Member States managing Irish AIFs.
Chapter 8 Specific Rules In Relation to Third Countries (regs. 35-43)
In force
Regulation 35 Conditions for Irish AIFMs which manage non-EU AIFs which are not marketed in Member States.
In force
Regulation 36 Conditions for marketing, with a passport, of non-EU AIFs in the European Union or in the State by, respectively, Irish AIFMs and Other Member State AIFMs.
In force
Regulation 37 Conditions for the marketing in the State without a passport of non-EU AIFs managed by an Irish AIFM or an AIFM from another Member State.
In force
Regulation 38 Authorisation of non-EU AIFMs intending to manage Irish AIFs or market AIFs managed by them in the European Union in accordance with Regulation 40 or 41.
In force
Regulation 39 Peer review of authorisation and supervision of non-EU AIFMs.
In force
Regulation 40 Conditions for marketing, with a passport, in the European Union or in the State of EU AIFS managed by, respectively, a non-EU AIFM whose Member State of reference is the State and by such an AIFM whose Member State of reference is another Member State
In force
Regulation 41 Conditions for marketing, with a passport, in the European Union or in the State of non-EU AIFs managed by, respectively, a non-EU AIFM whose Member State of reference is the State and by such an AIFM whose Member State of reference is another Member State
In force
Regulation 42 Conditions for managing AIFs established in other Member States and Irish AIFs by, respectively, a non-EU AIFM whose Member State of reference is the State and such an AIFM whose Member State of reference is another Member State.
In force
Regulation 43 Conditions for the marketing in the State without a passport of AIFs managed by a non-EU AIFM.
Chapter 9 Marketing To Retail Investors (regs. 44-44A)
In force
Regulation 44 Marketing of AIFs by AIFMs to retail investors.
In force
Regulation 44A Facilities available to retail investors
Part 4 Competent Authorities (regs. 45-59)
Designation, Powers And Redress Procedures (regs. 45-59)
In force
Regulation 45 Designation of competent authorities.
In force
Regulation 46 Responsibility of the Bank.
In force
Regulation 47 Supplemental provisions in relation to Regulation 46.
In force
Regulation 48 Powers of the Bank to request Information.
In force
Regulation 49 Power to issue directions.
In force
Regulation 50 Restrictions on certain proceedings or certain other action being taken where direction given.
In force
Regulation 51 Power of High Court to compel compliance with direction.
In force
Regulation 52 Information exchanged to be confidential.
In force
Regulation 53 Reasons for decisions to be given, etc.
In force
Regulation 54 Cooperation between different competent authorities obligation to cooperate.
In force
Regulation 55 Transfer and retention of personal data.
In force
Regulation 56 Disclosure of information to third countries.
In force
Regulation 57 Exchange of information relating to the potential systemic consequences of AIFM activity.
In force
Regulation 58 Cooperation in supervisory activities.
In force
Regulation 59 Dispute settlement.
Part 5 Transitional and Final Provisions (regs. 60-67)
In force
Regulation 60 Transitional provisions.
In force
Regulation 61 Delegated act on the application of Article 35 and Articles 37 to 41.
In force
Regulation 62 Bank to provide certain information to ESMA.
In force
Regulation 63 Amendments of Central Bank Act 1942.
In force
Regulation 64 Amendments of Unit Trusts Act 1990.
In force
Regulation 65 Amendments of Companies Act 1990.
In force
Regulation 66 Amendments of Investment Funds, Companies and Miscellaneous Provisions Act 2005.
In force
Regulation 67 Amendments of Investment Limited Partnerships Act 1994.
In force
Schedule 1
In force
Schedule 2 Remuneration Policy
In force
Schedule 3 Documentation and Information to be Provided in case of Intended Marketing in the State by Irish AIFMS or by AIFMS Whose Member State of Reference is the State
In force
Schedule 4 Documentation and Information to be Provided in the case of Intended Marketing in Other Member States by Irish AIFMS or by AIFMS Whose Member State of Reference is the State
Given under