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This document provides an overview of the Alternative Investment Fund Managers Directive (AIFMD) and its implications for non-European Union (EU) AIFMs, detailing the regulatory requirements, marketing
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How to fill out What non-EU AIFMs need to know about the AIFMD

01
Understand the scope of AIFMD and how it applies to non-EU AIFMs.
02
Familiarize yourself with the definitions and classifications of alternative investment funds (AIFs).
03
Determine if your fund falls under the AIFMD regulations.
04
Review the reporting obligations and ensure your compliance mechanisms are in place.
05
Assess the requirements regarding investor disclosure and documentation.
06
Identify the necessary licensing processes for marketing AIFs in the EU.
07
Consult legal and regulatory advisers to navigate the complexities of cross-border fund management.
08
Stay updated on any amendments to AIFMD or related EU regulations.

Who needs What non-EU AIFMs need to know about the AIFMD?

01
Non-EU AIFMs who manage or market alternative investment funds in the EU.
02
Legal and compliance teams within financial institutions that handle AIFs.
03
Investors looking to understand the implications of investing in non-EU AIFs.
04
Regulatory bodies overseeing the implementation of AIFMD.
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If you are the AIFM of an AIF with a Part 4A permission to manage investments including MiFID financial instruments pursuant to article 6.4 of AIFMD, certain MiFID provisions apply to you when you provide investment services to third parties (see article 6.6 of AIFMD).
The AIFMD imposes harmonised conditions and requirements on the structure and operation of alternative investment fund managers (“AIFMs”), in return for which authorised AIFMs are, for the first time, permitted to avail of a passport to market alternative investment funds (“AIFs”) to professional investors across the
Key differences and strategic considerations Target Investors: UCITS is tailored for retail investors, offering high liquidity and stringent protections. In contrast, AIFMD caters to professional investors, accommodating more complex and less liquid investment strategies.
Authorised AIFMs are required to keep detailed records with respect to portfolio transactions and must also record information regarding subscription offers and redemption orders. Records of this nature must be retained by the AIFM for a period of at least five years.

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Non-EU AIFMs must understand the impact of the AIFMD on their operations, including marketing requirements, regulatory reporting obligations, and the necessity of having a European representative or authorized entity to facilitate compliance.
Non-EU AIFMs who wish to market their alternative investment funds in the EU must file the appropriate documentation and comply with the AIFMD requirements.
To fill out the requirements, non-EU AIFMs should gather necessary information about their fund, including investment strategies, risk management processes, and investor rights, and submit it through the relevant national competent authorities in the EU member states.
The purpose is to ensure that non-EU AIFMs adhere to certain standards of transparency, investor protection, and systemic risk management when marketing their funds within the EU.
Non-EU AIFMs must report information related to fund performance, risk profiles, descriptions of investment strategies, and additional disclosure requirements as mandated by the AIFMD.
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