AIFMD—essentials
AIFMD—essentials

The following Financial Services guidance note provides comprehensive and up to date legal information covering:

  • AIFMD—essentials
  • Scope of AIFMD
  • Exemptions under AIFMD
  • AIFMD and unregulated funds
  • The AIFMD regulatory framework
  • UK implementation of AIFMD
  • AIFMD authorisation process
  • Conditions for granting authorisation under AIFMD
  • AIFMD capital requirements
  • Withdrawal of authorisation under AIFMD
  • more

BREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on AIFMs, see Practice Notes: 10 key steps asset managers and investment funds should be taking to prepare for Brexit and Preparing for Brexit: AIFMD—quick guide.

The Alternative Investment Fund Managers Directive 2011/61/EU (AIFMD) provides a set of common standards applicable across all EU Member States for the activities of alternative investment fund managers (AIFMs). The AIFMD applies to EU AIFMs who manage alternative investment funds (AIFs), irrespective of where those AIFs are established, and it also applies in part to non-EU AIFMs operating in the EU. This Practice Note introduces the key elements of the AIFMD and its implementation in the UK, examining the scope of the AIFMD, exemptions available under it, the authorisation process for AIFMs and how the regime applies to small AIFs.

Scope of AIFMD

The scope of the AIFMD is outlined in Article 2(1), which states that the AIFMD applies to all EU AIFMs that manage one or more AIFs, irrespective of whether those AIFs are EU AIFs or non-EU AIFs. The AIFMD also applies (in part) to non-EU AIFMs that manage EU AIFs and to all non-EU AIFMs that