Even if the UCITS notification is a well-known process, its successful outcome requires strict compliance with numerous technical and administrative requirements, as illustrated by the CSSF annual report of 2015: indeed, during that year, 39% of initial notification files were rejected by the CSSF. This triggers additional delays and costs.

Our regulatory consulting expertise driven by Arendt Regulatory & Consulting S.A. (ARC) has a dedicated notification team composed of highly experienced consulting and IT experts, who are able to cover the various facets of the process. This team covers all notifications or registrations of UCITS marketed in EU or outside EU, and the maintenance thereof:

  • Notification and maintenance of UCITS using their passport in EEA countries
  • Registration and maintenance of UCITS in non-EEA countries

The AIFMD marketing rules create a variety of situations and corresponding marketing possibilities and constraints, which sometimes require to be looked at through the lenses of each distribution country.

Indeed, there are cases where the EU marketing passport does not work:

  • When there is a third country set-up (with non EU AIFM and/or non EU AIF)
  • When selling to non-professional investors
  • When the AIFM is sub-thresholds

In such cases, depending on the country targeted, actions to be taken to be able to market in a compliant manner vary, from a simple notification to a full authorisation process.

Our expert team assists AIFMs in connection with any applicable process towards authorities, as prescribed by local regulations.

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Arendt Regulatory & Consulting SA

41A, Avenue JF Kennedy L-2082 Luxembourg infoarc@arendt.com

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