UK Statutory Instrument SI 2013/1773 United Kingdom

The Alternative Investment Fund Managers Regulations 2013

Enforced by
FCA
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Financial Services Firm10

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Financial Services Firm — also bound by 167 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.038 Notification of the acquisition or disposal of major holdings and control of non-listed companies Regulated
  • Notify FCA and others of major holdings and control in non‑listed companiesFinancial Services Firm
s.039 Disclosure in case of acquisition of control Regulated
  • Disclose control of a non-listed companyFinancial Services Firm
s.040 Additional disclosure when control is acquired of non-listed companies Regulated
  • Disclose intentions and financing when acquiring control of a non-listed companyFinancial Services Firm
s.042 Annual report of AIFs exercising control of non-listed companies Regulated
  • Disclose information on controlled non-listed companies in AIF annual reportFinancial Services Firm
s.043 Asset stripping Regulated
  • Prevent asset stripping for 24 months after taking controlFinancial Services Firm
s.051 Marketing of AIFs by investment firms Regulated
  • Investment firms must not market AIFs unless conditions metFinancial Services Firm
s.055 Change to information provided with application Regulated
  • Notify FCA of material changes to marketing application informationFinancial Services Firm
s.057 Marketing of third country AIFs managed by full-scope UK AIFMs Regulated
  • Notify FCA before marketing certain third-country AIFsFinancial Services Firm
s.061 Material change to information Regulated
  • Notify FCA of material changes to previously notified informationFinancial Services Firm
s.075 Closed-ended AIFs whose subscription period has closed Regulated
  • Exemption from full FCA permission for certain closed-ended AIFsFinancial Services Firm
87 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.003 Meaning of “AIF”
s.003 Arrangements not constituting an AIF: qualifying stablecoin arrangements
s.004 Meaning of “AIFM”, “managing an AIF”, “external AIFM” and “internal AIFM”
s.005 Applications for Part 4A permission
s.006 Supplementary provisions about AIFMs
s.007 Changes in conditions relevant to authorisation
s.008 Notification to ESMA
s.009 Meaning of “small AIFM”
s.010 Small registered UK AIFMs
s.011 Applications for entry on register of small registered UK AIFMs
s.012 Determination of applications
s.013 Procedure when refusing an application
s.014 Notification of new funds under the EuSEF Regulation or the EuVECA Regulation
s.015 Small registered AIFMs ceasing to meet the requirements for registration
s.016 Applications for revocation of registration
s.017 Grounds for revocation of registration
s.018 Procedure on revocation
s.019 Grounds for suspension of registration
s.020 Procedure on suspension
s.021 Disclosure obligations of small registered UK AIFMs
s.022 Power to direct small registered UK AIFMs and SEF and RVECA Managers to take appropriate measures
s.023 Application of FCA rules to small authorised UK AIFMs
s.023 Manner of application for UK LTIF authorisation
s.023 Procedure in relation to the refusal of an application for UK LTIF authorisation
s.023 Procedure in relation to the revocation of UK LTIF authorisation otherwise than by consent
s.023 Manner of application for registration of a qualifying social entrepreneurship fund or qualifying venture capital fund
s.023 Procedure in relation to the refusal of an application for registration of a qualifying social entrepreneurship fund or qualifying venture capital fund
s.023 Procedure in relation to the revocation of registration of a qualifying social entrepreneurship fund or qualifying venture capital fund otherwise than by consent
s.023 Manner of application for MMF authorisation
s.023 Procedure in relation to the refusal of an application for MMF authorisation
s.023 Procedure in relation to the revocation of MMF authorisation otherwise than by consent
s.024 Valuation
s.025 Disqualification of external valuer
s.026 Approval for delegation of functions by full-scope UK AIFMs
s.027 Revocation of approval for delegation
s.028 Liability following delegation ...
s.029 Depositary liability: general provisions
s.030 Depositary liability for loss of financial instruments held in custody
s.031 Depositary liability for other losses
s.032 Depositary liability and third country custodians
s.033 Management of third country AIFs
s.034 Introductory provision
s.035 Ways of acquiring control or shares
s.036 Meaning of “control” and calculation of voting rights
s.037 Confidential information
s.041 Sensitive information
s.044 FCA powers in relation to this Part
s.045 References in this Part to an AIFM or an investment firm marketing an AIF
s.046 Application of the financial promotion and scheme promotion restrictions
s.047 Marketing at the initiative of the investor
s.048 Marketing under the designation 'SEF’ or ‘RVECA'
s.049 Marketing by full-scope Gibraltar AIFMs of certain AIFs
s.050 Marketing by AIFMs of other AIFs
s.052 Contravention by unauthorised person
s.053 Contravention by authorised person
s.054 FCA approval for marketing
s.056 Suspension or revocation of approval granted to a full-scope Gibraltar AIFM
s.058 Marketing of AIFs managed by small third country AIFMs
s.059 Marketing of AIFs managed by other third country AIFMs
s.060 Manner and content of notifications
s.062 Revocation of entitlement to market
s.063 Suspension of entitlement to market
s.064 Procedure on suspension
s.065 Designation as competent authority
s.066 Requirement to notify ESMA of information required from AIFMs
s.067 Use of information by FCA ...
s.068 Limits on leverage
s.069 Exchange of information relating to potential systemic consequences of AIFM activity
s.069 Transfer of the directive functions
s.070 Application of procedural provisions of the Act
s.071 Application of provisions of the Act to unauthorised AIFMs
s.072 AIFMs managing AIFs immediately before 22nd July 2013
s.073 AIFs subject to prospectus directive
s.074 Closed-ended AIFs that make no additional investments
s.076 Permission to act as trustee or depositary of an AIF
s.077 Depositaries of EEA AIFs until 22nd July 2017
s.078 Permission for existing managers, depositaries and trustees of UCITS
s.078 Temporary marketing permissions: AIFs etc
s.078 Deemed authorisation
s.078 Period during which regulation 78A(1) is to apply
s.078 FCA powers
s.078 Power to extend the period during which a fund may be marketed
s.079 Review
s.080 Amendments to primary legislation
s.081 Amendments to secondary legislation
Schedules

Schedules

0 of 100 shown
100 other schedules
s.sch001 The Act is amended as follows.
s.sch001 In section 168(4) (appointment of persons to carry out investigations...
s.sch001 In section 193(1) (interpretation of Part 13) , in the...
s.sch001 In section 194 (general grounds on which power of intervention...
s.sch001 In section 195A (contravention by relevant EEA firm or EEA...
s.sch001 In section 199 (additional procedure for EEA firms in certain...
s.sch001 In section 204A(2) (meaning of “relevant requirement”) —
s.sch001 In section 237(3) (other definitions) in the definition of “a...
s.sch001 In section 261D(8) (authorisation orders for contractual schemes) for “permission...
s.sch001 Omit sections 270 and 271 and the preceding cross-heading (schemes...
s.sch001 In section 272 (individually recognised overseas schemes) , in subsection...
s.sch001 In section 1A(6) (the Financial Conduct Authority) , after paragraph...
s.sch001 In section 277 (alteration of schemes and changes of operator,...
s.sch001 After section 277 insert— Regular provision of information relating to...
s.sch001 Omit the cross-heading “Schemes recognised under sections 270 and 272”...
s.sch001 In section 278 (rules as to scheme particulars) omit “270...
s.sch001 In section 279 (revocation of recognition)— (a) in the opening...
s.sch001 In section 280 (procedure)— (a) in subsection (1) for “give...
s.sch001 In section 281 (directions)— (a) in subsection (1) omit “270...
s.sch001 In section 380(6)(a) (injunctions) — (a) omit “or” after sub-paragraph...
s.sch001 In section 382(9)(a) (restitution orders) — (a) omit “or” after...
s.sch001 In section 384(7) (power of FCA or PRA to require...
s.sch001 In section 1L(2) (supervision, monitoring and enforcement), after paragraph (a)...
s.sch001 In section 398 (misleading the FCA or PRA: residual cases)...
s.sch001 In section 417(1) (definitions) in the appropriate places insert— “...
s.sch001 In section 425 (expressions relating to authorisation elsewhere in the...
s.sch001 In Schedule 1ZA (the Financial Conduct Authority), in paragraph 23(2)(a)...
s.sch001 (1) Schedule 3 ( EEA passport rights) is amended as...
s.sch001 In paragraph 2(2) of Schedule 5 (permission for open-ended investment...
s.sch001 In paragraph 2B of Schedule 6 (threshold conditions) —
s.sch001 Charities Act (Northern Ireland) 1964
s.sch001 Fair Trading Act 1973
s.sch001 Companies Act 1989
s.sch001 In section 55H (refusal by FCA to vary permission at...
s.sch001 Value Added Tax Act 1994
s.sch001 Terrorism Act 2000
s.sch001 Companies Act 2006
s.sch001 Charities Act (Northern Ireland) 2008
s.sch001 Charities Act 2011
s.sch001 (1) A collective investment scheme which immediately before 22nd July...
s.sch001 In section 55J (variation or cancellation on initiative of regulator)—...
s.sch001 In section 55V (determination of applications) after subsection (7) insert—...
s.sch001 In section 59 (approval for particular arrangements) after subsection (7B)...
s.sch001 In section 66(2)(b) (disciplinary powers) after sub-paragraph (i) omit “or”...
s.sch001 In section 165 (regulators' power to require information: authorised persons...
s.sch002 Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
s.sch002 Open-Ended Investment Companies Regulations 2001
s.sch002 Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001
s.sch002 Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
s.sch002 Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001
s.sch002 Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001
s.sch002 Uncertificated Securities Regulations 2001
s.sch002 Financial Services and Markets Act 2000 (Collective Investment Schemes) (Designated Countries and Territories) Order 2003
s.sch002 Financial Conglomerates and Other Financial Groups Regulations 2004
s.sch002 Child Trust Funds Regulations 2004
s.sch002 Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
s.sch002 Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
s.sch002 Offshore Funds (Tax) Regulations 2009
s.sch002 Financial Services and Markets Act 2000 (Short Selling) Regulations 2012
s.sch002 Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013
s.sch002 Financial Services Act 2012 (Misleading Statements and Impressions) Order 2013
s.sch002 CRC Energy Efficiency Scheme Order 2013
s.sch002 Companies (No. 2) (Northern Ireland) Order 1990
s.sch002 Individual Savings Account Regulations 1998
s.sch002 Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001
s.sch002 Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001
s.sch002 Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001
s.sch002 Financial Services and Markets Act 2000 (Exemption) Order 2001
s.sch002 Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001
s.schedule a1 para.1 The purposes set out in paragraphs 2 to 25 are...
s.schedule a1 para.10 To specify— (a) the criteria concerning the procedures for the...
s.schedule a1 para.11 To specify— (a) the conditions for fulfilling the following requirements—...
s.schedule a1 para.12 To specify— (a) the particulars that need to be included...
s.schedule a1 para.13 To state, on the basis of the criteria specified under...
s.schedule a1 para.14 To specify the content and format of the AIFM's annual...
s.schedule a1 para.15 (1) To specify the obligations of AIFMs periodically to disclose...
s.schedule a1 para.16 To specify— (a) when leverage is to be considered to...
s.schedule a1 para.17 To set out principles specifying the circumstances in which the...
s.schedule a1 para.18 (1) To specify— (a) the form and content of a...
s.schedule a1 para.19 To make further provision in relation to the co-operation arrangements—...
s.schedule a1 para.2 (1) To specify how the thresholds referred to in regulation...
s.schedule a1 para.20 To determine the minimum content of the co-operation arrangements referred...
s.schedule a1 para.21 (1) To determine the minimum content of the co-operation arrangements...
s.schedule a1 para.22 To specify the procedures for coordination and exchange of information...
s.schedule a1 para.23 To make provision regarding the co-operation arrangements referred to—
s.schedule a1 para.24 To make provision for the procedures for the exchange of...
s.schedule a1 para.25 To establish common procedures for the FCA and the Prudential...
s.schedule a1 para.26 (1) The purpose set out in sub-paragraph (2) is specified...
s.schedule a1 para.27 The purposes set out in paragraphs 28 to 31 are...
s.schedule a1 para.28 To specify— (a) the information to be provided to the...
s.schedule a1 para.29 To determine types of AIFMs, where relevant in the application...
s.schedule a1 para.3 To specify— (a) the methods of leverage, including any financial...
s.schedule a1 para.30 To specify the— (a) requirements applicable to the AIFMs under...
s.schedule a1 para.31 To make provision for— (a) the manner in which a...
s.schedule a1 para.4 To specify— (a) the risks the additional own funds or...
s.schedule a1 para.5 To specify the criteria to be used by the FCA...
s.schedule a1 para.6 To specify— (a) the types of conflicts of interest referred...
s.schedule a1 para.7 To specify— (a) the risk management systems to be employed...
s.schedule a1 para.8 To specify— (a) the liquidity management systems to be employed...
s.schedule a1 para.9 To specify the administrative and accounting procedures, control and safeguard...

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