Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on…

Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 Text with EEA relevance

directive · European Union · 32011L0061

991 provisions in 2233 nodes · cited by 43 instruments we hold · 77 provisions hand work to national law

Defined terms · All instruments · EC Directive · European Central Bank · Internet · accounting · auditing · branch · collective agreement · company law

CHAPTER I GENERAL PROVISIONS

Article 1 Subject matter

Article 4 Definitions

Article 5 Determination of the AIFM

CHAPTER II AUTHORISATION OF AIFMs

Article 6 Conditions for taking up activities as AIFM

Article 7 Application for authorisation

Article 8 Conditions for granting authorisation

Article 9 Initial capital and own funds

Article 10 Changes in the scope of the authorisation

Division

Article 11 Withdrawal of the authorisation

CHAPTER III OPERATING CONDITIONS FOR AIFMs

SECTION 1 General requirements

Article 12 General principles

Article 13 Remuneration

Division

Article 14 Conflicts of interest

Article 15 Risk management

Article 16 Liquidity management

Article 17 Investment in securitisation positions

SECTION 2 Organisational requirements

Article 18 General principles

SECTION 3 Delegation of AIFM functions

Article 20 Delegation

Article 21 Depositary

CHAPTER IV TRANSPARENCY REQUIREMENTS

Article 22 Annual report

Article 23 Disclosure to investors

Article 24 Reporting obligations to competent authorities

CHAPTER V AIFMs MANAGING SPECIFIC TYPES OF AIF

SECTION 1 AIFMs managing leveraged AIFs

Article 25 Use of information by competent authorities, supervisory cooperation and limits to leverage

Division

SECTION 2 Obligations for AIFMs managing AIFs which acquire control of non-listed companies and issuers

Article 27 Notification of the acquisition of major holdings and control of non-listed companies

Article 28 Disclosure in case of acquisition of control

Article 29 Specific provisions regarding the annual report of AIFs exercising control of non-listed companies

Article 30 Asset stripping

CHAPTER VI RIGHTS OF EU AIFMs TO MARKET AND MANAGE EU AIFs IN THE UNION

Article 31 Marketing of units or shares of EU AIFs in the home Member State of the AIFM

Article 32 Marketing of units or shares of EU AIFs in Member States other than in the home Member State of the AIFM

Article 33 Conditions for managing EU AIFs established in other Member States

CHAPTER VII SPECIFIC RULES IN RELATION TO THIRD COUNTRIES

Article 34 Conditions for EU AIFMs which manage non-EU AIFs which are not marketed in Member States

Article 35 Conditions for the marketing in the Union with a passport of a non-EU AIF managed by an EU AIFM

Article 36 Conditions for the marketing in Member States without a passport of non-EU AIFs managed by an EU AIFM

Article 37 Authorisation of non-EU AIFMs intending to manage EU AIFs and/or market AIFs managed by them in the Union in accordance with Article 39 or 40

Article 38 Peer review of authorisation and supervision of non-EU AIFMs

Article 39 Conditions for the marketing in the Union with a passport of EU AIFs managed by a non-EU AIFM

Article 40 Conditions for the marketing in the Union with a passport of non-EU AIFs managed by a non-EU AIFM

Article 41 Conditions for managing AIFs established in Member States other than the Member State of reference by non-EU AIFMs

Article 42 Conditions for the marketing in Member States without a passport of AIFs managed by a non-EU AIFM

CHAPTER VIII MARKETING TO RETAIL INVESTORS

Article 43 Marketing of AIFs by AIFMs to retail investors

CHAPTER IX COMPETENT AUTHORITIES

SECTION 1 Designation, powers and redress procedures

Article 44 Designation of competent authorities

Division

Article 45 Responsibility of competent authorities in Member States

Article 46 Powers of competent authorities

Article 47 Powers and competences of ESMA

Article 48 Administrative penalties

Division

Article 49 Right of appeal

Division

SECTION 2 Cooperation between different competent authorities

Article 50 Obligation to cooperate

Division

Article 51 Transfer and retention of personal data

Division

Article 52 Disclosure of information to third countries

Division

Article 53 Exchange of information relating to the potential systemic consequences of AIFM activity

Division

Article 54 Cooperation in supervisory activities

Article 55 Dispute settlement

Division

CHAPTER X TRANSITIONAL AND FINAL PROVISIONS

Article 56 Exercise of the delegation

Division

Article 57 Revocation of the delegation

Division

Article 58 Objections to delegated acts

Division

Article 59 Implementing measures

Division

Article 60 Disclosure of derogations

Division

Article 61 Transitional provisions

Division

Article 62 Amendments to Directive 2003/41/EC

Article 63 Amendments to Directive 2009/65/EC

Article 64 Amendment to Regulation (EC) No 1060/2009

Division

Article 65 Amendment to Regulation (EU) No 1095/2010

Division

Passage

Article 66 Transposition

Division

Article 67 Delegated act on the application of Article 35 and Articles 37 to 41

Article 68 Delegated act on the termination of the application of Articles 36 and 42

Article 70 Entry into force

Division

Article 71 Addressees

DOCUMENTATION AND INFORMATION TO BE PROVIDED IN CASE OF INTENDED MARKETING IN THE HOME MEMBER STATE OF THE AIFM

DOCUMENTATION AND INFORMATION TO BE PROVIDED IN THE CASE OF INTENDED MARKETING IN MEMBER STATES OTHER THAN THE HOME MEMBER STATE OF THE AIFM