(1) A third country AIFM that is not a small AIFM must give written notification to the FCA before marketing an AIF managed by it, except where the AIF is recognised under section 271A of the Act.

(2) Subject to paragraph (4A), the notification must include a statement confirming that the following conditions are met -

(a) the AIFM is the person responsible for complying with the implementing provisions relating to the marketing of the AIF;

(b) the AIFM complies with the requirements of sections 3.2, 3.3 and 3.4 of the Investment Funds sourcebook in so far as such provisions are relevant to the AIFM and the AIF to be marketed;

(c) if applicable, the AIFM complies with Part 5 in relation to the AIF to be marketed;

(d) appropriate cooperation arrangements for the purpose of systemic risk oversight and in line with international standards are in place between -

(i) the FCA and, if applicable, the Financial Services Commission of Gibraltar, and