OpenLegislation

The Alternative Investment Fund Managers Regulations 2013

S.I. 2013/1773 · Made 16 July 2013 · Extends to United Kingdom

Not fully up to date. 34 changes made by later legislation have not yet been written into this text, which is revised to 25 February 2026.

See the changes not yet applied
ProvisionChangeMade by
reg. 50substitutedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(6)
reg. 2(1)words insertedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(2)(a)
reg. 2(1)words insertedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(2)(d)
reg. 2(1)words insertedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(2)(e)
reg. 2(1)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(2)(f)
reg. 2(1)words omittedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(2)(a)
reg. 2(4)insertedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(3)
reg. 5(1)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(4)(a)
reg. 5(3)(b)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(4)(b)
reg. 5(4)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(4)(c)
reg. 5(7)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(4)(d)
reg. 5(8)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(4)(e)
reg. 5AinsertedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(5)
reg. 10(2)(c)substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(7)
reg. 29(1)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(8)
reg. 29(1)(b)substitutedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(3)
reg. 33words insertedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(9)
reg. 34substitutedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(4)
reg. 49(a)word insertedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(5)(a)
reg. 49(b)word omittedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(5)(b)
reg. 49(c)omittedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(5)(c)
reg. 50 TablesubstitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(11)
reg. 54(1)substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(12)(a)
reg. 54(9)(10)insertedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(12)(b)
reg. 56-56Csubstituted for reg. 56Alternative Investment Fund Managers 2013 Sch. 2 para. 3(7)
reg. 57-64omittedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(8)
reg. 57 headingomittedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(8)
reg. 57(3)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(13)(a)
reg. 57(5)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(13)(b)
reg. 58(1)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(14)(a)
reg. 58(3)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(14)(b)
reg. 59(1)words substitutedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(15)(a)
reg. 59(5)(6)insertedAlternative Investment Fund Managers 2013 Sch. 1 para. 2(15)(b)
reg. 71(5)(c)-(e)omittedAlternative Investment Fund Managers 2013 Sch. 2 para. 3(9)

Financial Services And Markets

Made 16th July 2013

Coming into force 22nd July 2013

M1M2The Treasury are a government department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to financial services.

M3M4M5A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with paragraphs 2 and 2A(3)(a) of Schedule 2 to the European Communities Act 1972 , section 429(2) of the Financial Services and Markets Act 2000 and sections 784(3) and 1290 of the Companies Act 2006 .

The Treasury make these Regulations in exercise of the powers conferred on them under section 2(2) of the European Communities Act 1972 M6, and (in relation to Part 2 of Schedule 2 to these Regulations) sections 183, 188, 213(10), 214(5), 224(4), 262, 349 and 428(3) of, and paragraphs 13(1)(b), 14(1)(b), 17(b) and 22 of Schedule 3 to, the Financial Services and Markets Act 2000 M7 and sections 784 and 785 of the Companies Act 2006 M8.C1

Annotations to the whole text

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)

Marginal citations

M1

S.I. 2012/1759.

M2

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).

M3

Paragraph 2 was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and paragraph 2A was inserted by section 29 of that Act.

M4

2000 c. 8. Section 429(2) was amended by paragraph 12 of Schedule 15 to the Companies Act 2006 (c. 46), section 178 of the Banking Act 2009 (c. 1) and paragraph 33 of Schedule 2 to the Financial Services Act 2010 (c. 28).

M5

2006 c. 46.

M6

Section 14A of the Interpretation Act 1978 (c. 30) (inserted by section 59 of the Enterprise and Regulatory Reform Act 2013 (c. 24)) provides that, where an Act provides a power to make subordinate legislation, that subordinate legislation may include a requirement to review the effectiveness of the legislation.

M7

Section 417(1) provides that “prescribed” means prescribed in regulations made by the Treasury. Sections 183 and 188 were substituted by S.I. 2009/534 and section 188 was amended by section 26(2) of the Financial Services Act 2012. Section 213(10) was substituted by S.I. 2011/1613. Section 262 was amended by paragraph 9 of Schedule 18 to the 2012 Act and by S.I. 2001/1265. Section 349 was amended by paragraph 19 of Schedule 12 to the 2012 Act and by other provisions not relevant here. Paragraph 13(1)(b) of Schedule 3 was amended by S.I. 2007/126. Paragraph 14(1)(b) of Schedule 3 was amended by S.I. 2003/1473 and 2003/2066. Paragraph 22 of Schedule 3 was amended by paragraph 14 of Schedule 4 to the 2012 Act.

M8

Section 785 was amended by section 112 of the Financial Services Act 2012 (c. 21).

Modifications

C1

Regulations: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)

Contents

  1. Part 1: Introductory provisions
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Meaning of “AIF”
  5. 3AArrangements not constituting an AIF: qualifying stablecoin arrangements
  6. 4Meaning of “AIFM”, “managing an AIF”, “external AIFM” and “internal AIFM”
  7. Part 2: Authorisation of full-scope UK AIFMs
  8. 5Applications for Part 4A permission
  9. 6Supplementary provisions about AIFMs
  10. 7Changes in conditions relevant to authorisation
  11. 8Notification to ESMA Repealed
  12. Part 3: Small AIFMs
  13. 9Meaning of “small AIFM”
  14. 10Small registered UK AIFMs
  15. 11Applications for entry on register of small registered UK AIFMs
  16. 12Determination of applications
  17. 13Procedure when refusing an application
  18. 14Notification of new funds under the EuSEF Regulation or the EuVECA Regulation Repealed
  19. 15Small registered AIFMs ceasing to meet the requirements for registration
  20. 16Applications for revocation of registration
  21. 17Grounds for revocation of registration
  22. 18Procedure on revocation
  23. 19Grounds for suspension of registration
  24. 20Procedure on suspension
  25. 21Disclosure obligations of small registered UK AIFMs
  26. 22Power to direct small registered UK AIFMs and SEF and RVECA Managers to take appropriate measures
  27. 23Application of FCA rules to small authorised UK AIFMs
  28. Part 3A: LTIFs Repealed
  29. 23AManner of application for UK LTIF authorisation Repealed
  30. 23BProcedure in relation to the refusal of an application for UK LTIF authorisation Repealed
  31. 23CProcedure in relation to the revocation of UK LTIF authorisation otherwise than by consent Repealed
  32. Part 3B: Qualifying social entrepreneurship funds and qualifying venture capital funds
  33. 23DManner of application for registration of a qualifying social entrepreneurship fund or qualifying venture capital fund
  34. 23EProcedure in relation to the refusal of an application for registration of a qualifying social entrepreneurship fund or qualifying venture capital fund
  35. 23FProcedure in relation to the revocation of registration of a qualifying social entrepreneurship fund or qualifying venture capital fund otherwise than by consent
  36. Part 3C: MMFs
  37. 23GManner of application for MMF authorisation
  38. 23HProcedure in relation to the refusal of an application for MMF authorisation
  39. 23IProcedure in relation to the revocation of MMF authorisation otherwise than by consent
  40. Part 4: Operating conditions for external valuers, full-scope AIFMs and depositaries
  41. 24Valuation
  42. 25Disqualification of external valuer
  43. 26Approval for delegation of functions by full-scope UK AIFMs
  44. 27Revocation of approval for delegation
  45. 28Liability following delegation ...
  46. 29Depositary liability: general provisions
  47. 30Depositary liability for loss of financial instruments held in custody
  48. 31Depositary liability for other losses
  49. 32Depositary liability and third country custodians
  50. 33Management of third country AIFs
  51. Part 5: AIFs which acquire control of non-listed companies and issuers
  52. 34Introductory provision
  53. 35Ways of acquiring control or shares
  54. 36Meaning of “control” and calculation of voting rights
  55. 37Confidential information
  56. 38Notification of the acquisition or disposal of major holdings and control of non-listed companies
  57. 39Disclosure in case of acquisition of control
  58. 40Additional disclosure when control is acquired of non-listed companies
  59. 41Sensitive information
  60. 42Annual report of AIFs exercising control of non-listed companies
  61. 43Asset stripping
  62. 44FCA powers in relation to this Part
  63. Part 6: Marketing of AIFs
  64. Chapter 1: General Provisions
  65. 45References in this Part to an AIFM or an investment firm marketing an AIF
  66. 46Application of the financial promotion and scheme promotion restrictions
  67. 47Marketing at the initiative of the investor
  68. 48Marketing under the designation 'SEF’ or ‘RVECA'
  69. 49Marketing by full-scope Gibraltar AIFMs of certain AIFs
  70. 50Marketing by AIFMs of other AIFs
  71. 51Marketing of AIFs by investment firms
  72. 52Contravention by unauthorised person
  73. 53Contravention by authorised person
  74. Chapter 2: Marketing of AIFs by full-scope AIFMs
  75. 54FCA approval for marketing
  76. 55Change to information provided with application
  77. 56Suspension or revocation of approval granted to a full-scope Gibraltar AIFM
  78. Chapter 3: National Private Placement
  79. 57Marketing of third country AIFs managed by full-scope UK AIFMs
  80. 58Marketing of AIFs managed by small third country AIFMs
  81. 59Marketing of AIFs managed by other third country AIFMs
  82. 60Manner and content of notifications
  83. 61Material change to information
  84. 62Revocation of entitlement to market
  85. 63Suspension of entitlement to market
  86. 64Procedure on suspension
  87. Part 7: Duties and powers of the FCA
  88. 65Designation as competent authority
  89. 66Requirement to notify ESMA of information required from AIFMs Repealed
  90. 67Use of information by FCA ...
  91. 68Limits on leverage
  92. 69Exchange of information relating to potential systemic consequences of AIFM activity Repealed
  93. Part 7A: Transfer of functions
  94. 69ATransfer of the directive functions
  95. Part 8: Application of provisions of the Act
  96. 70Application of procedural provisions of the Act
  97. 71Application of provisions of the Act to unauthorised AIFMs
  98. Part 9: Transitional Provisions
  99. 72AIFMs managing AIFs immediately before 22nd July 2013
  100. 73AIFs subject to prospectus directive
  101. 74Closed-ended AIFs that make no additional investments
  102. 75Closed-ended AIFs whose subscription period has closed
  103. 76Permission to act as trustee or depositary of an AIF
  104. 77Depositaries of EEA AIFs until 22nd July 2017
  105. 78Permission for existing managers, depositaries and trustees of UCITS
  106. Part 9A: Temporary Marketing Provisions
  107. 78ATemporary marketing permissions: AIFs etc
  108. 78BDeemed authorisation
  109. 78CPeriod during which regulation 78A(1) is to apply
  110. 78DFCA powers
  111. 78EPower to extend the period during which a fund may be marketed
  112. Part 10: Final provisions
  113. 79Review Repealed
  114. 80Amendments to primary legislation
  115. 81Amendments to secondary legislation
  116. Signature
  117. Schedule A1: Transfer of Functions to the Treasury and the FCA
  118. Part 1: Directive functions transferred to the Treasury
  119. 1Paragraph 1
  120. 2Paragraph 2
  121. 3Paragraph 3
  122. 4Paragraph 4
  123. 5Paragraph 5
  124. 6Paragraph 6
  125. 7Paragraph 7
  126. 8Paragraph 8
  127. 9Paragraph 9
  128. 10Paragraph 10
  129. 11Paragraph 11
  130. 12Paragraph 12
  131. 13Paragraph 13
  132. 14Paragraph 14
  133. 15Paragraph 15
  134. 16Paragraph 16
  135. 17Paragraph 17
  136. 18Paragraph 18
  137. 19Paragraph 19
  138. 20Paragraph 20
  139. 21Paragraph 21
  140. 22Paragraph 22
  141. 23Paragraph 23
  142. 24Paragraph 24
  143. 25Paragraph 25
  144. Part 2: Directive functions transferred to the FCA
  145. 26Paragraph 26
  146. Part 3: Powers to make technical standards transferred to the FCA
  147. 27Paragraph 27
  148. 28Paragraph 28
  149. 29Paragraph 29
  150. 30Paragraph 30
  151. 31Paragraph 31
  152. Schedule 1: AMENDMENTS TO PRIMARY LEGISLATION
  153. Part 1: Amendments to the Financial Services and Markets Act 2000
  154. 1Paragraph 1
  155. 2Paragraph 2
  156. 3Paragraph 3
  157. 4Paragraph 4
  158. 5Paragraph 5
  159. 6Paragraph 6
  160. 7Paragraph 7
  161. 8Paragraph 8
  162. 9Paragraph 9
  163. 10Paragraph 10
  164. 11Paragraph 11
  165. 12Paragraph 12
  166. 13Paragraph 13
  167. 14Paragraph 14
  168. 15Paragraph 15
  169. 16Paragraph 16
  170. 17Paragraph 17
  171. 18Paragraph 18
  172. 19Paragraph 19
  173. 20Paragraph 20
  174. 21Paragraph 21
  175. 22Paragraph 22
  176. 23Paragraph 23
  177. 24Paragraph 24
  178. 25Paragraph 25
  179. 26Paragraph 26
  180. 27Paragraph 27
  181. 28Paragraph 28
  182. 29Paragraph 29
  183. 30Paragraph 30
  184. 31Paragraph 31
  185. 32Paragraph 32
  186. 33Paragraph 33
  187. 34Paragraph 34
  188. 35Paragraph 35
  189. 36Paragraph 36
  190. Part 2: Amendments to other primary legislation
  191. 37Charities Act (Northern Ireland) 1964
  192. 38Fair Trading Act 1973
  193. 39Companies Act 1989
  194. 40Value Added Tax Act 1994
  195. 41Terrorism Act 2000
  196. 42Companies Act 2006
  197. 43Charities Act (Northern Ireland) 2008
  198. 44Charities Act 2011
  199. Part 3: Transitional provisions in respect of recognised overseas schemes
  200. 45Paragraph 45
  201. Schedule 2: AMENDMENTS TO SECONDARY LEGISLATION
  202. Part 1: Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  203. 1Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  204. Part 2: Amendments to other secondary legislation
  205. 2Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  206. 3Companies (No. 2) (Northern Ireland) Order 1990
  207. 4Individual Savings Account Regulations 1998
  208. 5Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001
  209. 6Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001
  210. 7Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001
  211. 8Financial Services and Markets Act 2000 (Exemption) Order 2001
  212. 9Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001
  213. 10Open-Ended Investment Companies Regulations 2001
  214. 11Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001
  215. 12Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
  216. 13Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001 Repealed
  217. 14Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001
  218. 15Uncertificated Securities Regulations 2001
  219. 16Financial Services and Markets Act 2000 (Collective Investment Schemes) (Designated Countries and Territories) Order 2003
  220. 17Financial Conglomerates and Other Financial Groups Regulations 2004
  221. 18Child Trust Funds Regulations 2004
  222. 19Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  223. 20Offshore Funds (Tax) Regulations 2009
  224. 21Financial Services and Markets Act 2000 (Short Selling) Regulations 2012
  225. 22Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013
  226. 23Financial Services Act 2012 (Misleading Statements and Impressions) Order 2013
  227. 24CRC Energy Efficiency Scheme Order 2013
  228. Explanatory note