Are you taking steps towards “AIFMD-readiness”?

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The FSA recently published a discussion paper setting out its provisional thoughts on how to implement the Alternative Investment Fund Managers’ Directive (AIFMD or the “Directive”) in the UK. Firms should now be taking steps to ensure they are “AIFMD-ready”.

Firms should now be taking steps to ensure they are “AIFMD-ready” by:

  • Considering: The paper aims to assist firms towards “AIFMD-readiness”. UK fund managers should provisionally assume the Directive will apply to them and start considering the implications this is likely to have on their businesses, despite the exact scope of the Directive remaining uncertain. It will, however, catch hedge funds, private equity funds, real estate funds and most other arrangements which seek to raise capital from a number of investors.
  • Preparing: Firms likely to be caught by the Directive should start to prepare for its implementation in 2013. This should involve engaging senior management on the effects the Directive would have on the business model, possible restructuring and implementation of new systems and controls, considering your regulatory permissions and preparing for a variation of permission application or an application for authorisation if necessary.
  • Engaging: The paper provides discussion points, rather than final guidance. The FSA wants to establish a “well informed, proportionate and effective regulatory policy” and to continue the “constructive and expert dialogue” with the industry. If firms consider the FSA could take a better, more suitable and proportionate approach, now is the time to engage with the FSA.

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