Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

FUND 10.4 AIFM third country management

Application

FUND 10.4.1G

This section applies to a full-scope UK AIFM of a non-UK AIF1 that is not marketed in the UK to UK1 investors.

Applicable requirements

FUND 10.4.2G

A full-scope UK AIFM may manage a non-UK AIF1 subject to the satisfaction of certain conditions. If the AIF is not marketed, these conditions are that:

  1. (1)

    the AIFM complies with the full requirements of FUND, other rules in the Handbook which, when made, implemented AIFMD, the AIFMD level 2 regulation, the AIFMD UK regulation1 in respect of that AIF, except FUND 3.31 (Annual reporting) and FUND 3.11 (Depositaries), the AIFMD BTS and any other binding technical standards made in connection with the UK AIFM regime1; and

  2. (2)

    (in accordance with regulation 33 of the AIFMD UK regulation) appropriate cooperation arrangements are in place between the FCA1 and the supervisory authorities of the country where the non-UK AIF1 is established in order to ensure an efficient exchange of information that allows FCA1 to carry out its duties in accordance with FUND, other rules in the Handbook which, when made, implemented AIFMD, the AIFMD level 2 regulation and the UK AIFMD regulation1.

FUND 10.4.3G

As a result, a full-scope UK AIFM of a non-UK AIF1 that is not marketed is required to comply with:

  1. (1)

    all of FUND 3 with the exception of FUND 3.3 (Annual report of an AIF), FUND 3.11 (Depositaries) and FUND 3.12 (Marketing in the UK1); and

  2. (2)

    such other provisions of the FCA Handbook as are applicable to a full-scope UK AIFM.

FUND 10.4.4G

If a full-scope UK AIFM wishes to market in the UK a that it manages, the AIFM must comply with the relevant requirements, as explained in FUND 10.5.3 G to FUND 10.5.5 G (Marketing of third country AIFs managed by full-scope UK AIFMs1).