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49. A full-scope EEA AIFM may not market in the United Kingdom an AIF that does not fall within regulation 57(1) unless—
(a)in the case of marketing to a professional investor, the FCA has received a regulator’s notice in relation to the marketing of the AIF in accordance with Schedule 3 to the Act (EEA passport rights); or
(b)in the case of marketing to a retail investor—
(i)the FCA has received a regulator’s notice in relation to the marketing of the AIF in accordance with Schedule 3 to the Act; or
(ii)the FCA has approved the marketing in accordance with regulation 54 and has not suspended or revoked that approval.
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