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Regulation 3 Meaning of “AIF”F1

(1)

“AIF” means a collective investment undertaking, including investment compartments of such an undertaking, which—

(a)

raises capital from a number of investors, with a view to investing it in accordance with a defined investment policy for the benefit of these investors; and

(F2b)

is not a UK UCITS;

(2)

An AIF may be open-ended or closed-ended, and constituted in any legal form, including under a contract, by means of a trust or under statute.

(3)

None of the following entities is an AIF—

(a)

an institution for occupational retirement provision which falls within the scope of Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision M1;

(F3aa)

an occupational pension scheme, within the meaning of section 1(1) (categories of pension schemes) of the Pension Schemes Act 1993;

(b)

a holding company;

(c)

an employee participation scheme or employee savings scheme;

(d)

a securitisation special purpose entity.

Annotations

Textual amendments

F1

Regulations revoked (14.12.2023 for the revocation of reg. 79) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(vi)

F2

Reg. 3(1)(b) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 3(5)(a) (as amended by S.I. 2019/325, reg. 58); 2020 c. 1, Sch. 5 para. 1(1)

F3

Reg. 3(3)(aa) inserted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 3(5)(b) (as amended by S.I. 2019/325, reg. 58); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1

OJ L 235, 23.9.2003, p.10.