Regulation 63 Suspension of entitlement to market
Amendments (requiring commencement) by Sch. 2 Pt 1 to the Alternative Investment Fund Managers (Amendment) Regulations 2013 [SI 2013 No. 1797], published 17 July 2023.
(1) If one of the grounds in paragraph (2) is met, the FCA may suspend any entitlement of an AIFM to market an AIF arising out of a notification under regulation 57, 58 or 59 for a specified period, until the occurrence of a specified event or until specified conditions are complied with.
(2) The grounds are that it appears to the FCA that -
(a) the AIFM, or the third country AIF custodian of that AIF, has contravened, or is likely to contravene, an implementing provision that applies to it;
(b) the AIFM, or the third country AIF custodian of that AIF, has in purported compliance with an implementing provision, knowingly or recklessly given the FCA information which is false or misleading in a material particular;
(c) one or more of the conditions confirmed in the notification as being met is no longer satisfied; or
(d) none of paragraphs (a) to (c) applies, but it is undesirable in the interests of investors or potential investors that the AIF should continue to be marketed.