CHAPTER II

AUTHORISATION OF AIFMs

Conditions for taking up activities as AIFM
Article 6
1
Member States shall ensure that no AIFMs manage AIFs unless they are authorised in accordance with this Directive.
AIFMs authorised in accordance with this Directive shall meet the conditions for authorisation established in this Directive at all times.
2
Member States shall require that no external AIFM engage in activities other than those referred to in Annex I to this Directive and the additional management of UCITS subject to authorisation under Directive 2009/65/EC.
3
Member States shall require that no internally managed AIF shall engage in activities other than the internal management of that AIF in accordance with Annex I.
4
By way of derogation from paragraph 2, Member States may authorise an external AIFM to provide the following services:
a
management of portfolios of investments, including those owned by pension funds and institutions for occupational retirement provision in accordance with Article 19(1) of Directive 2003/41/EC, in accordance with mandates given by investors on a discretionary, client-by-client basis;
b
non-core services comprising:
1. investment advice;
2. safe-keeping and administration in relation to shares or units of collective investment undertakings;
3. reception and transmission of orders in relation to financial instruments.
5
AIFMs shall not be authorised under this Directive to provide:
a
only the services referred to in paragraph 4;
b
non-core services referred to in point (b) of paragraph 4 without also being authorised to provide the services referred to in point (a) of paragraph 4;
c
only the activities referred to in point 2 of Annex I; or
d
the services referred to in point 1(a) of Annex I without also providing the services referred to in point 1(b) of Annex I or vice versa.
6
Article 2(2) and Articles 12, 13 and 19 of Directive 2004/39/EC shall apply to the provision of the services referred to in paragraph 4 of this Article by AIFMs.
7
Member States shall require that the AIFMs provide the competent authorities of their home Member State with the information they require to monitor compliance with the conditions referred to in this Directive at all times.
8
Investment firms authorised under Directive 2004/39/EC and credit institutions authorised under Directive 2006/48/EC shall not be required to obtain an authorisation under this Directive in order to provide investment services such as individual portfolio management in respect of AIFs. However, investment firms shall, directly or indirectly, offer units or shares of AIFs to, or place such units or shares with, investors in the Union, only to the extent the units or shares can be marketed in accordance with this Directive.