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Published date: 18 July 2013

Guidelines on the model MoU concerning consultation, cooperation and the exchange of information related to the supervision of AIFMD entities (ESMA/2013/998)

I. Scope

1. These guidelines lay down a model of the Memorandum of Understanding (MoU) that should be agreed between the EU and non-EU supervisory authorities in order to have the appropriate supervisory cooperation arrangements in place as required by the Directive 2011/61/EU of the European Parliament and the Council on Alternative Investment Fund Managers (AIFMD).

2. These guidelines apply to the EU competent authorities designated in accordance with Article 44 of the AIFMD, and shall apply as from the date of entry into force of AIFMD Level 2 measures.

3. These guidelines are without prejudice to existing or future cooperation arrangements in areas not relating to the AIFMD. These guidelines do not preclude the possibility to include in the scope of the MoU a commitment from EU authorities to cooperate with and provide assistance to non-EU authorities for the supervision of EU managers that market funds in the jurisdiction of the latter.

II. Purpose

4. The purpose of these guidelin