(1) This Regulation provides an alternative basis (in the circumstances specified by it) to the basis provided by Regulation 36 for an AIFM being permitted to market units or shares of a non-EU AIF.
(2) An authorised Irish AIFM may market to professional investors, in the State, units or shares of a non-EU AIF it manages and of an EU feeder AIF that does not fulfil the requirements referred to in Regulation 32(1)(b), provided that:
(a) the Irish AIFM complies with all the requirements provided for in these Regulations other than Regulation 22. That Irish AIFM shall however ensure that one or more entities are appointed to carry out the duties referred to in Regulation 22(7), (8) and (9). The Irish AIFM shall not perform those functions. The Irish AIFM shall provide the Bank with information about the identity of those entities responsible for carrying out the duties referred to in Regulation 22(7), (8) and (9);
(b) appropriate cooperation arrangements for the purpose of systemic risk o
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