Aifm Agreement

The AEMF should advise the determination of the Reference Member State and, if necessary, the exemption with regard to compatibility with an equivalent rule. Specific requirements should apply to the exchange of information between the competent authorities of the reference Member State and the competent authorities of the manager`s host Member States. In addition, Article 19 of the Regulation (EU) no Mediation procedures provided for by Regulation (EC) No. 1095/2010 apply in case of disagreement between the competent authorities of the Member States regarding the determination of the State member of reference , the application of the exemption in case of incompatibility between compliance with this directive and compliance with equivalent rules of a third country and the assessment of compliance with specific requirements concerning the third country of the third country manager and, If so, non-EU FIA third country. Compliance with these requirements involves: (a) ensuring that the delegation agreement gives the manager sufficient supervisory power and that the delegation concerns only portfolio management or risk management, not both; and (b) to ensure that the manager has the necessary expertise and resources, the details of which are properly documented. This may apply where the delegate is itself controlled by an investor in the relevant FIA or if the delegate is likely to be incentivized, financially or by others, to favour the interests of another client over the interests of the FIA or FIA investors. The host manager would generally state in the manager`s agreement that he can act for other funds with the same strategy and that he only considers transactions proposed by the designated portfolio manager. In 2014, the AMF published the list of the manager`s bilateral cooperation agreements on its website. Following the publication of the latest agreements in the Official Journal and as part of ongoing European work on the creation of a potential passport for third countries, the AMF is now publishing these agreements in their entirety.