Directive 2011/61/EU | AIFMD | judict

Metadata

In force since 21/07/2011

Version from: 02/08/2021

Legal basis:

TFEU (2010) - Article 053

TFEU (2010) - Article 294

Legal acts based on AIFMD

Search for ITS/RTS

Accompanying documents

Preparatory Material (1)

Procedure 2009/0064/COD

Documents of general relevance (1)

Nicht übernommene Q&As der ESAs

Published: 27/04/2021

Updated: 27/04/2021

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German

Updated 09/06/2023

AIFMD Tool Alternative Investment Fund Managers Directive (AIFMD)

Alternative Investment Fund Managers Directive (AIFMD)

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 (Text with EEA relevance)

CHAPTER I - GENERAL PROVISIONS (Article 1-5)Article 1 - Subject matter Q&A Article 2 - Scope Q&A Article 3 - Exemptions ITS/RTSQ&AGL Article 4 - Definitions ITS/RTSQ&AGL Article 5 - Determination of the AIFM Q&A

CHAPTER II - AUTHORISATION OF AIFMs (Article 6-11)Article 6 - Conditions for taking up activities as AIFM Q&AGL Article 7 - Application for authorisation Q&A Article 8 - Conditions for granting authorisation Article 9 - Initial capital and own funds ITS/RTSQ&A Article 10 - Changes in the scope of the authorisation Article 11 - Withdrawal of the authorisation

CHAPTER III - OPERATING CONDITIONS FOR AIFMs (Article 12-21)

SECTION 1 - General requirements (Article 12-17)Article 12 - General principles ITS/RTSGL Article 13 - Remuneration Q&AGL Article 14 - Conflicts of interest ITS/RTSQ&A Article 15 - Risk management ITS/RTSQ&AGL Article 16 - Liquidity management ITS/RTSQ&AGL Article 17 ITS/RTS

SECTION 2 - Organisational requirements (Article 18-19)Article 18 - General principles ITS/RTSGL Article 19 - Valuation ITS/RTSQ&A

SECTION 3 - Delegation of AIFM functions (Article 20)Article 20 - Delegation ITS/RTSQ&AGL

SECTION 4 - Depositary (Article 21)Article 21 - Depositary ITS/RTSQ&AGL

CHAPTER IV - TRANSPARENCY REQUIREMENTS (Article 22-24)Article 22 - Annual report ITS/RTSQ&AGL Article 23 - Disclosure to investors ITS/RTSQ&AGL Article 24 - Reporting obligations to competent authorities ITS/RTSQ&AGL

CHAPTER V - AIFMs MANAGING SPECIFIC TYPES OF AIF (Article 25-30)

SECTION 1 - AIFMs managing leveraged AIFs (Article 25)Article 25 - Use of information by competent authorities, supervisory cooperation and limits to leverage ITS/RTSGL

SECTION 2 - Obligations for AIFMs managing AIFs which acquire control of non-listed companies and issuers (Article 26-30)Article 26 - Scope Article 27 - Notification of the acquisition of major holdings and control of non-listed companies Article 28 - Disclosure in case of acquisition of control Article 29 - Specific provisions regarding the annual report of AIFs exercising control of non-listed companies Article 30 - Asset stripping

CHAPTER VI - RIGHTS OF EU AIFMs TO MARKET AND MANAGE EU AIFs IN THE UNION (Article 30a-33)Article 30a - Conditions for pre-marketing in the Union by an EU AIFM Q&A Article 31 - Marketing of units or shares of EU AIFs in the home Member State of the AIFM Q&A Article 32 - Marketing of units or shares of EU AIFs in Member States other than in the home Member State of the AIFM Q&A Article 32a - De-notification of arrangements made for the marketing of units or shares of some or all EU AIFs in the Member States other than in the home Member State of the AIFM Article 33 - Conditions for managing EU AIFs established in other Member States and for providing services in other Member States Q&A

CHAPTER VII - SPECIFIC RULES IN RELATION TO THIRD COUNTRIES (Article 34-42)Article 34 - Conditions for EU AIFMs which manage non-EU AIFs which are not marketed in Member States ITS/RTSGL Article 35 - Conditions for the marketing in the Union with a passport of a non-EU AIF managed by an EU AIFM ITS/RTSQ&AGL Article 36 - Conditions for the marketing in Member States without a passport of non-EU AIFs managed by an EU AIFM ITS/RTSQ&AGL Article 37 - Authorisation of non-EU AIFMs intending to manage EU AIFs and/or market AIFs managed by them in the Union in accordance with Article 39 or 40 ITS/RTSQ&AGL Article 38 - Peer review of authorisation and supervision of non-EU AIFMs Article 39 - Conditions for the marketing in the Union with a passport of EU AIFs managed by a non-EU AIFM Q&A Article 40 - Conditions for the marketing in the Union with a passport of non-EU AIFs managed by a non-EU AIFM ITS/RTSQ&AGL Article 41 - Conditions for managing AIFs established in Member States other than the Member State of reference by non-EU AIFMs Q&A Article 42 - Conditions for the marketing in Member States without a passport of AIFs managed by a non-EU AIFM ITS/RTSQ&AGL

CHAPTER VIII - MARKETING TO RETAIL INVESTORS (Article 43-43a)Article 43 - Marketing of AIFs by AIFMs to retail investors Q&A Article 43a - Facilities available to retail investors

CHAPTER IX - COMPETENT AUTHORITIES (Article 44-55)

SECTION 1 - Designation, powers and redress procedures (Article 44-49)Article 44 - Designation of competent authorities Article 45 - Responsibility of competent authorities in Member States Q&A Article 46 - Powers of competent authorities Article 47 - Powers and competences of ESMA Q&A Article 48 - Administrative penalties Article 49 - Right of appeal

SECTION 2 - Cooperation between different competent authorities (Article 50-55)Article 50 - Obligation to cooperate Article 51 - Transfer and retention of personal data Article 52 - Disclosure of information to third countries Article 53 - Exchange of information relating to the potential systemic consequences of AIFM activity ITS/RTS Article 54 - Cooperation in supervisory activities Article 55 - Dispute settlement

CHAPTER X - TRANSITIONAL AND FINAL PROVISIONS (Article 56-71)Article 56 - Exercise of the delegation Article 57 - Revocation of the delegation Article 58 - Objections to delegated acts Article 59 - Implementing measures Article 60 - Disclosure of derogations Article 61 - Transitional provisions Q&A Article 62 - Amendments to Directive 2003/41/EC [repealed] Article 63 - Amendments to Directive 2009/65/EC Article 64 - Amendment to Regulation (EC) No 1060/2009 Article 65 - Amendment to Regulation (EU) No 1095/2010 Article 66 - Transposition Article 67 - Delegated act on the application of Article 35 and Articles 37 to 41 ITS/RTS Article 68 - Delegated act on the termination of the application of Articles 36 and 42 Article 69 - Review Article 69a - Assessment of the passport regime Article 70 - Entry into force Article 71 - Addressees

ANNEX I Q&A ANNEX II Q&AGL ANNEX III Q&A ANNEX IV Q&A

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