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ID 1197. Issues related to Article 37 AIFMD Back

Relevant provisions

Article 37 of Directive 2011/61/EU


Is our understanding of the AIFMD correct, that in case the member state of reference changes, there is a new authorisation process by the competent authorities of their new Member State of reference?


A new authorisation is needed if the initial authorisation does not cover the new managing/marketing activity. As regards the existing authorisation a re-authorisation does not seem to be required, as the old Member State of reference has to transfer to the new Member State of reference all relevant documentation. The new Member State of reference should take over all tasks and duties incumbent as the competent authority for that AIFM, including those laid down in Article 11 of the AIFMD.


Submitted on 25/03/2013

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Asset management
Capital Requirements Directives (CRD)
Markets in Financial Instruments Directive
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