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.
(1) An authorised non-EU AIFM whose Member State of reference is the State may manage EU alternative investment funds established in another Member State either directly or via the establishment of a branch, provided that the AIFM is authorised to manage that type of AIF.
(2) An authorised non-EU AIFM whose Member State of reference is another Member State may manage Irish alternative investment funds either directly or via the establishment of a branch, provided that the AIFM is authorised to manage that type of AIF.
(3) Where the State is the Member State of reference, any non-EU AIFM intending to manage EU alternative investment funds established in another Member State for the first time shall provide the following information to the Bank:
(a) the Member State in which it intends to manage such funds directly or establish a branch;
(b) a programme of operations stating in particular the services which it intends to perform and identifying the alternative investment funds it intends to manage.