A Guide to Financial Regulation for Fintech Entrepreneurs by Stefan Loesch

Author:Stefan Loesch
Language: eng
Format: epub, pdf
ISBN: 9781119436751
Publisher: Wiley
Published: 2018-03-26T00:00:00+00:00

1.2.3 AIF Domiciled in a Third Country

If the AIF is established in a third country, then first there must be a cooperation agreement between the regulator in the country where the AIF is located, and the home regulator of the AIFM. Second, between the third country and every EU country where the AIF is meant to be marketed there must be an agreement compliant with the OECD Model Tax Convention.

Provided all this is in place, the AIFM gives Annex III notice to its home regulator to be allowed to market the AIF in its home country, and Annex IV notice to its home regulator to market in another EU country. In both cases, after 20 days the AIFM should be allowed to market the fund, assuming compliance with the regulations (Art 35 for EU AIFMs, Art 40 for non‐EU AIFMs).

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