Funds across borders – How to distribute your AIF across multiple jurisdictions

Objectives

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

Raising capital is a prerequisite for the success of any AIF, and one that necessarily takes place through successful cross-border fund distribution. Not only does this entail regulatory marketing obligations and constraints, but it also requires an efficient marketing / pre-marketing campaign, which in turn triggers regulatory requirements in its own right.

While past experience and current practice illustrate the efficiency of the existing harmonised process for marketing AIFs in the European Union, the easy applicability of this process to non-EU structures has yet to become a priority, and specific procedures must still 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.

The objective of this training course is to explain the various processes that currently exist for marketing AIFs in Europe. This content will be supplemented with 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 since 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

Target audience

Investment managers, product managers and sales and marketing staff members.

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