1. Subject to paragraph 3 of this Article and to Article 3, this Directive shall apply to:
(a) EU AIFMs which manage one or more AIFs irrespective of whether such AIFs are EU AIFs or non-EU AIFs;
(b) non-EU AIFMs which manage one or more EU AIFs; and
(c) non-EU AIFMs which market one or more AIFs in the Union irrespective of whether such AIFs are EU AIFs or non-EU AIFs.
2. For the purposes of paragraph 1, the following shall be of no significance:
(a) whether the AIF belongs to the open-ended or closed-ended type;
(b) whether the AIF is constituted under the law of contract, under trust law, under statute, or has any other legal form;
(c) the legal structure of the AIFM.
3. This Directive shall not apply to the following entities:
(a) holding companies;
(b) institutions for occupational retirement provision which are covered by Directive 2003/41/EC, including, where applicable, the authorised entities responsible for managing such institutions and acting on their behalf referred to in