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Version date: 25 May 2018 - onwards

Question 2 Provision of investment services by UCITS management companies or alternative investment fund managers through branches in host Member States [Last update: 25 May 2018]

Art 35(8) of MiFID II

What are the supervisory responsibilities of competent authorities in host Member States when a UCITS management company or an alternative investment fund manager provides investment services through a branch established in the host Member State?

Answer 2

Under both the UCITS [Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS).] and the AIFM [Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010.] Directives, supervisory powers of competent authorities in relation to branches of UCITS management companies or alternative investment fund managers (AIFMs) established in a Member State that is not the home Mem

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