Status: You are viewing the version of the handbook as on 2016-06-30.

FUND TP 1 Transitional Provisions

1(1)

(2)

(3)

(4)

(5)

(6)

Material to which the transitional provision applies

Transitional provision

Transitional provision: date in force

Handbook provisions: coming into force

1

[FCA]

FUND 3.11.2 R

R

A credit institution established in the UK and appointed as a depositary of an EEA AIF managed by a full-scope UK AIFM or a full-scope EEA AIFM in accordance with article 61(5) of AIFMD must comply with the provisions of FUND 3.11 that apply to a UK depositary of a UK AIF managed by a full-scope UK AIFM or an EEA AIFM.

From 22 July 2013 until 22 July 2017.

22 July 20132

21A

FUND 3.11.4R (2)

R

An AIFM that appoints a depositary in accordance with article 61(5) of AIFMD must ensure the assets of the AIF are entrusted to the depositary for safekeeping in accordance with the national laws and regulations of the EEA State of the competent authority of the depositary (as defined in article 4(1)(g) of AIFMD).

From 1 July 2014 until 22 July 2017.

1 July 2014

2

[FCA]

FUND 3.11.10 R

R

An AIFM may ensure the appointment of a credit institution that is established in an EEA State other than the UK for each UK AIF it manages that is an unauthorised AIF, unless the AIF is an ELTIF4.

From 22 July 2013 until 22 July 2017.

22 July 2013

3

3

FUND 3.11.14R (1)

R

Expired3

3
3 3

4

[FCA]

FUND 3.11.18 R

R

An AIFM may ensure the appointment of a depositary that is a credit institution established in an EEA State other than the Home State of the AIF for each EEA AIF it manages if this is permitted by the laws and regulations of the Home State of the AIF.

From 22 July 2013 until 22 July 2017.

22 July 2013

5

FUND 3.11.33R (1)(a)

R

Expired3

3
3 3

46

FUND 3.11.24R

R

FUND 3.11.24R does not apply to a credit institution established in the UK in relation to an EEA ELTIF for which it is appointed as a depositary that is:

(a) managed by a full-scope UK AIFM or a full-scope EEA AIFM in accordance with article 61(5) of AIFMD; and

(b) marketed to a retail client.

From 9 December 2015 until 22 July 2017

9 December 2015