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Rules, Notification Form and FAQs on Directive 2001/61/EU on Alternative Investment Fund Managers (“AIFMD”)

7th June 2013

Earlier this year the Investment Business Division posted on the Commission’s website The AIFMD (Marketing) Rules, 2013 (“the Rules”) for consultation.  The Rules , which have been approved by the Commissioners, and the Form AIFM  have, today, been placed on the Commission’s website with an effective date of 22 July 2013.  The Rules have been introduced to ensure that collective investment schemes and fund managers established in the Bailiwick of Guernsey who wish to market into the EEA meet the requirements of Articles 42 and 43 of AIFMD and assist the Commission to enable it to effectively cooperate with EU competent authorities.  An explanatory note and consultation feedback statement on the Rules has also been published.

The Commission has released an initial set of FAQs in order to help explain how Guernsey funds will be impacted by AIFMD and how such funds may continue to be marketed into the European Economic Area under AIFMD.  These FAQs will be updated as the implementation of AIFMD across the European Economic Area becomes clearer.