1. Irish Financial Services Law
  2. Legislation (IE)
  3. Statutory Instruments
  4. 2013
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  1. European Union (Alternative Investment Fund Managers) Regulations, 2013 (AIFMD Regulations) [S.I. No. 257 of 2013]
  2. Part 3 Operating conditions for AIFMs (regs. 13-44A)
  3. Chapter 8 Specific Rules In Relation to Third Countries (regs. 35-43)
  4. 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
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 27 May 2014 - onwards
  Version 2 of 2    

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

(1) A duly authorised non-EU AIFM whose Member State of reference is the State may market the units or shares of an EU AIF it manages to professional investors in the European Union with a passport as soon as the conditions specified in this Regulation are met.

(2) A duly authorised non-EU AIFM whose Member State of reference is another Member State may market the units or shares of an EU AIF it manages to professional investors in the State with a passport as soon as the conditions specified in Article 39 of the Directive are met.

(3)

(a) In case the AIFM intends to market units or shares of the EU AIF in the State where the State is the AIFM's Member State of reference, the AIFM shall submit a notification to the Bank in respect of each EU AIF that it intends to market.

(b) That notification shall comprise the documentation and information set out in Schedule 3.

(4)

(a) No later than 20 working days after receipt of a complete notification pursuant to paragraph (3), the Bank shall in

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