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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 6 August 2021 - onwards

Regulation 33A De-notification of arrangements made for marketing of units or shares of some or all EU AIFs in Member States other than in home Member State of the AIFM

(1) An Irish AIFM may de-notify arrangements made for marketing as regards units or shares of some or all of its AIFs in a Member State in respect of which it has made a notification in accordance with Regulation 33, where all the following conditions are fulfilled:

(a) except in the case of closed-ended AIFs and funds regulated by Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015 [OJ No. L. 123, 19.5.2015, p. 98.], a blanket offer is made to repurchase or redeem, free of any charges or deductions, all such AIF units or shares held by investors in that Member State, is publicly available for at least 30 working days, and is addressed, directly or through financial intermediaries, individually to all investors in that Member State whose identity is known;

(b) the intention to terminate arrangements made for marketing units or shares of some or all of its AIFs in that Member State is made public by means of a publicly available medium, including by electronic means, which is customary for marketing AIFs and suitable for a typical AIF investor;

(c) any contractual arrangements with financial intermediaries or delegates are modified or terminated with effect from the date of denotification in order to prevent any new or further, direct or indirect, offering or placement of the units or shares identified in the notification referred to in paragraph (3).