Version date: 14 March 2018 - onwards
  Version 9 of 9    

vi. Qualifying Investor AIF with a registered AIFM and Professional Investor AIF with a registered AIFM

1. The depositary of a Qualifying Investor AIF authorised by the Central Bank before 22 July 2013 which has a registered AIFM must comply with Regulation 22 of the AIFM Regulations and with Chapter IV of AIFMD Level 2.

2. The depositary of:

a Qualifying Investor AIF authorised by the Central Bank on or after 22 July 2013 which has a registered AIFM; or

a Professional Investor Fund which has a registered AIFM

shall comply with:

Regulation 22 of the AIFM Regulations excluding Regulations 22(12) to (15);

Chapter IV of AIFMD Level 2 excluding Articles 83(1)(c) and 100 to 102; and paragraphs 3 and 4 of this section.

3. The trust deed in the case of a unit trust scheme or the depositary agreement in the case of an investment company or investment limited partnership or common contractual fund shall state that the depositary must exercise due care and diligence in the discharge of its duties and will be liable to the management company, investment company or general partner a