Regulation 6 Supplementary provisions about AIFMs

(1)

If a full-scope UK AIFM that is an external AIFM is unable to ensure compliance by an AIF it manages, or by another entity on the AIF’s behalf, with an implementing provision for which the AIF is responsible, the AIFM must immediately inform—

(a)

the FCA, and

(b)

where the AIF concerned is an EEA AIF, the competent authority of the AIF,

about the non-compliance.

(2)

The FCA must require the AIFM to take steps to remedy the situation.

(3)

If the non-compliance persists despite the steps mentioned in paragraph (2) being taken, the FCA must—

(a)

require the AIFM to cease acting as manager of that AIF

(b)

require the AIFM to stop marketing the AIF; and

(c)

immediately inform—

(i)

the competent authorities of the EEA States in which the AIF is marketed, and

(ii)

if the AIF is an EEA AIF, the competent authority of the AIF,

of its requirement.

(4)

The FCA may use its powers under section 55J and 55L of the Act (variation or cancellation on initiative of regulator and imposition of requirement by the FCA)^f1 to impose the requirements mentioned in paragraphs (2) and (3), but this paragraph does not limit the powers of the FCA.

Annotations

Footnotes

f1: Sections 55A to 55Z4 were substituted by section 11(2) of the Financial Services Act 2012.