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Regulation 50 Marketing by AIFMs of other AIFsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

An AIFM described in column A of the table below may not market in the United Kingdom an AIF that is described in the entry in column B of same row of the table unless the condition in column C in the same row of the table is met.

A - AIFMB - AIFC - Condition
Full-scope UK AIFM

An AIF that does not fall within regulation 57(1)

The FCA has approved marketing of the AIF in accordance with regulation 54.

Full-scope UK AIFM

An AIF falling within regulation 57(1)

The AIFM has notified the FCA in accordance with regulation 57 and meets the conditions at regulation 57(4)(a) to (c), and the FCA has not suspended or revoked the AIFM's entitlement to market the AIF.

Full-scope F2Gibraltar AIFM

An AIF falling within regulation 57(1)

The AIFM has notified the FCA in accordance with regulation 57 and meets the conditions at regulation 57(4)(a) to (c), and the FCA has not suspended or revoked the AIFM's entitlement to market the AIF.

Small third country AIFMUK AIF, EEA AIF, or third country AIF

The AIFM has notified the FCA in accordance with regulation 58 and meets the conditions at regulation 58(2)(a) and (b), and the FCA has not suspended or revoked the AIFM's entitlement to market the AIF.

Third country AIFM that is not a small AIFMUK AIF, EEA AIF, or third country AIFThe AIFM has notified the FCA in accordance with regulation 59 and meets the conditions at regulation 59(2)(a) to (e), and the FCA has not suspended or revoked the AIFM's entitlement to market the AIF.

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

Word in reg. 50 Table substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 10(5) (as amended by S.I. 2019/325, reg. 58); 2020 c. 1, Sch. 5 para. 1(1)