Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 21 July 2011 - onwards
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Article 40 Conditions for the marketing in the Union with a passport of non-EU AIFs managed by a non-EU AIFM

1. Member States shall ensure that a duly authorised non-EU AIFM may market units or shares of a non-EU AIF it manages to professional investors in the Union with a passport as soon as the conditions laid down in this Article are met.

2. In addition to the requirements in this Directive in relation to EU-AIFMs, for non-EU AIFMs the following conditions shall be met:

(a) appropriate cooperation arrangements are in place between the competent authorities of the Member State of reference and the supervisory authority of the third country where the non-EU AIF is established in order to ensure at least an efficient exchange of information that allows the competent authorities to carry out their duties in accordance with this Directive;

(b) the third country where the non-EU AIF is established is not listed as a Non-Cooperative Country and Territory by FATF;

(c) the third country where the non-EU AIF is established has signed an agreement with the Member State of reference and with each othe