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 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
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 16 July 2013 - onwards
    Version 1 of 1    

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

(1) An authorised non-EU AIFM whose Member State of reference is the State may market units or shares of a non-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) An authorised non-EU AIFM whose Member State of reference is another Member State may market units or shares of a non-EU AIF it manages to professional investors in the State with a passport as soon as the conditions laid down in Article 40 of the Directive are met.

(3) In addition to the requirements of these Regulations in relation to an Irish AIFM, for an non-EU AIFM whose Member State of reference is the State the following conditions shall be met:

(a) appropriate cooperation arrangements are in place between the Bank and the supervisory authority of the third country where the non-EU AIF is established in order to ensure at least an efficient exchange of information that allows the Bank to carry out its duties in accordance

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