# The Alternative Investment Fund Managers Regulations 2013, Regulation 71: Application of provisions of the Act to unauthorised AIFMs


(1) The following provisions of the Act apply in respect of an unauthorised AIFM as they apply in respect of an authorised person—
(a) section 165 (regulators’ power to require information: authorised persons etc.);
(b) section 166 (reports by skilled persons);
(c) section 167 (appointment of persons to carry out general investigations);
(d) section 176(3) (entry of premises under warrant);
(e) section 205 (public censure);
(f) section 206 (financial penalties).
(2) The following provisions of the Act apply in relation to the exercise of the powers under the provisions applied by paragraph (1)(a) to (c) as they apply in relation to the exercise of those powers in respect of authorised persons—
(a) section 169 (investigations etc. in support of overseas regulator);
(b) section 170 (investigations: general);
(c) section 171 (powers of persons appointed under section 167);
(d) section 174 (admissibility of statements made to investigators);
(e) section 175 (information and documents: supplemental provisions);
(f) section 176 (entry of premises under warrant);
(g) section 176A (retention of documents taken under section 176);
(h) section 177 (offences).
(3) Sections 207 to 211 of, and paragraph 20 of Schedule 1ZA to, the Act apply in relation to the exercise of the FCA’s powers under section 205 or 206 of the Act as applied by paragraph (1)(e) and (f) as they apply in relation to their exercise in respect of authorised persons.
(4) Unauthorised AIFMs are to be treated as regulated persons for the purposes of paragraph 21 of Schedule 1ZA to the Act.
(5) In this regulation “unauthorised AIFM” means a person who is not an authorised person but who is—
(a) a small registered UK AIFM;
(b) a small registered EEA AIFM;
(c) a full-scope EEA AIFM that is entitled to market an AIF following a notification under regulation 57;
(d) an AIFM that is entitled to market an AIF following a notification under regulation 58;
(e) an AIFM to which the requirement at regulation 59(3) applies; or
(f) a full-scope EEA AIFM that is exercising a right to market an AIF arising out of the EuSEF Regulation or the EuVECA Regulation.

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Source: https://www.legislation.gov.uk/ukdsi/2013/9780111540206/regulation/71 (the official version)
Page: https://openlegislation.uk/draft-alternative-investment-fund-managers-regulations-2013/regulation-71
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.