Guernsey Financial Services Commission introduced consultation paper is the first of two planned Commission consultations
to facilitate the requirements of Directive 2011/61/EU on Alternative
Investment Fund Managers (“the Directive”) into the local regulatory
regime so as to enable regulated entities flexibility in their product
strategy with respect to fund management and marketing business within
the European Union or any state in the European Economic Area in which
the Directive has been implemented.
Whilst recognising that some entities
will fall outside the scope of the Directive, from July 2013, local
entities will be permitted to market non-EU funds to investors in Member
States through the Member States’ private placement regimes, as long as
they fulfil certain transparency requirements and disclosures and
regulatory co-operation arrangements are concluded between the
Commission and the EU securities regulators in accordance with Article
42 of the Directive.
The AIFMD (Marketing) Rules, 2013 are
proposed, to ensure that collective investment schemes and fund managers
established in the Bailiwick of Guernsey who wish to market into the
EEA meet the requirements of Articles 42 and 43 of the Directive.
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