Regulation 49 Marketing by full-scope EEA AIFMs of certain AIFs
A full-scope EEA AIFM may not market in the United Kingdom an AIF that does not fall within regulation 57(1) unless—
(a)
in the case of marketing to a professional investor, the FCA has received a regulator’s notice in relation to the marketing of the AIF in accordance with Schedule 3 to the Act (EEA passport rights); or
(b)
in the case of marketing to a retail investor—
(i)
the FCA has received a regulator’s notice in relation to the marketing of the AIF in accordance with Schedule 3 to the Act; or
(ii)
the FCA has approved the marketing in accordance with regulation 54 and has not suspended or revoked that approval.