Context

Since the enforcement of the Alternative Investment Fund Managers Directive (AIFMD) in 2013, the issues surrounding AIF’s distribution have been in constant evolution, making it very difficult to keep a clear overview of the various legal positions within the European Union (EU).

Raising capital is a prerequisite for the success of any AIF. It requires successful cross-border fund distribution. This implies not only regulatory marketing obligations and constraints, but also an effective marketing/pre-marketing campaign which, in turn, triggers regulatory requirements as such.

While past experience and current practice illustrate the efficiency of the existing harmonised process for marketing AIFs in the EU, easing the applicability of this process to non-EU structures is not yet a priority, and specific procedures still need to be followed under national marketing rules.

 Beyond this, in light of Luxembourg’s position as a major cross-border fund and financial centre, it is of paramount importance that distributors and other professionals understand local peculiarities in relation to pre-marketing, marketing and distribution – not just in Luxembourg, but in other EU countries as well.

Objectives

The objective of this training course is to explain the various processes that currently exist for marketing AIFs in Europe. This content will be supplementedwith discussion of issues that frequently arise in the distribution of AIFs, such as pre-marketing, reverse solicitation, de-notification and marketing communications,
especially in the context of the EU directive and EU regulation on the cross-border distribution of funds (CBDF), which have fully entered into force on 2 August 2021.

Content

• AIF Distribution – principles
• Pre-marketing vs marketing (including CBDF)
• Reverse solicitation
• EU Management passport
• EU Marketing passport (including CBDF)
• Distribution without a passport (National Private Placement Regimes)
• CBDF Directive / Regulation
• FAQs 

Speakers

Our speakers belong to both our specialised and complementary teams and as such, cover all legal, regulatory, taxation and advisory aspects of doing business in Luxembourg. We invite you to check our training agenda where the speakers are listed on each training session.

Target Group

Investment managers, product managers and sales and marketing staff members

Duration

​3 hours

Language

English

For any information, please contact us by e-mail institute@arendt.com