FINAL PROVISIONS

Amendments to Directive 2011/61/EU
Article 92
Directive 2011/61/EU is amended as follows:
1. in point (r) of Article 4(1), the following point is added:
  1. a Member State, other than the home Member State, in which an EU AIFM provides the services referred to in Article 6(4);
;
2. Article 33 is amended as follows:
  1. the title is replaced by the following:
Conditions for managing EU AIFs established in other Member States and for providing services in other Member States ;
  2. paragraphs 1 and 2 are replaced by the following:
1.
Member States shall ensure that an authorised EU AIFM may, directly or by establishing a branch:
a
manage EU AIFs established in another Member State, provided that the AIFM is authorised to manage that type of AIF;
b
provide in another Member State the services referred to in Article 6(4) for which it has been authorised.
2
An AIFM intending to provide the activities and services referred to in paragraph 1 for the first time shall communicate the following information to the competent authorities of its home Member State:
a
the Member State in which it intends to manage AIFs directly or to establish a branch, and/or to provide the services referred to in Article 6(4);
b
a programme of operations stating in particular the services which it intends to perform and/or identifying the AIFs that it intends to manage.
.