AIFMD 

AIF Rulebook

On 4 November 2015, the Central Bank published the latest version of the AIF Rulebook. The AIF Rulebook is the Central Bank’s rulebook in relation to AIFs which contains chapters concerning Retail Investor AIF, Qualifying Investor AIF, AIF Management Companies, Fund Administrators, Alternative Investment Fund Managers and AIF Depositaries.  

AIF Rulebook November 2015.

Earlier drafts of the AIF Rulebook are available as part of CP 60 and related documents AIF Handbook Draft 2.

All previous versions of the AIF Rulebook are available here.

Guidance related to AIFs and their service providers

The Central Bank has issued guidance on a number of topics to assist users of the AIF Rulebook.

AIFMD Q&A

The AIFMD Q&A sets out answers to queries likely to arise in relation to the implementation of the AIFMD.  It is published in order to assist in limiting any uncertainty until definitive positions and practises are finalised.  It is not relevant to assessing compliance with regulatory requirements. You should check the website from time to time in relation to any matter of importance to you to see if the position has altered.

On 24 March 2016, the Central Bank published an eighteenth edition of the AIFMD Q&A.   A revision has been made to ID 1100 and new questions ID1101 and ID1102 have been added in relation to the updated guidance  subscription and redemption monies of umbrella funds.  to make reference to the publication of guidance entitled "Umbrella funds - cash accounts holding subscription, redemption and dividend monies". 

 AIFMD Q&A Eighteenth Edition

All previous versions of the AIFMD Q&A are available here.   

EuVECA and EuSEF Managers

Pursuant to Regulation No. 345/2013 of the European Parliament and of the Council on European Venture Capital Funds, the Central Bank has published the application form for Registered AIFMs seeking to be designated as Managers of EuVECA Funds.

Pursuant to Regulation No. 346/2013 of the European Parliament and of the Council on European Social Entrepreneurship Funds, the Central Bank has published the application form for Registered AIFMs seeking to be designated as Managers of EuSEF Funds.

Marketing AIFs under the EU (AIFM) Regulations 2013

The Central Bank has issued guidance and forms relating to the marketing of AIF to professional investors in Ireland.

In addition the Central Bank has issued guidance and forms relating to the marketing of AIF in the EU by Irish authorised AIFM.

Managing AIFs under the EU (AIFM) Regulations 2013

The Central Bank has issued guidance and forms relating to the management of AIFs by Irish authorised AIFMs.

AIFM Register

In accordance with Article 6  of AIFMD ESMA will maintain a central public register identifying each AIFM authorised under AIFMD.  Details in relation to AIFMs authorised or registered by the Central Bank of Ireland are available from the Central Bank website here.  This information will be updated on a monthly basis. 

 

AIFM Reporting

The Central Bank has published details of first reporting dates for Alternative Investment Fund Managers. Details are available here.

Please see the Reporting Dates Matrix for comprehensive details of the dates of submission for first reports for each entity type based on authorisation/registration/notification date.  

 

Reporting requirements for AIFMs (excluding Internally Managed AIFs) 

 

The following Guidance Documents and Templates are available:

 

Themed Inspections 

 

Thematic Review of the Management of Operational Risk around Cyber-Security within the Investment Firm and Fund Services Industry - 22 September 2015

Thematic Review of the Number of Directorships held by Individuals within the Investment Funds Industry - 16 June 2015

Application Form for authorisation as an AIFM

 AIFM Application Form 

Application Form for authorisation as an AIF Management Company

AIF Management Company Application Form 

Changes in Qualifying Holdings of AIFMs & AIF Management Companies

Acquiring Transaction Notification Form

Application Form for registration as an AIFM 

 AIFM Registration Form   

Qualifying Investor AIF Application Forms

Qualifying Investor AIF ONR Access Request Form (June 2015)

Qualifying Investor AIF Application Form Sections 1 and 2 (January 2016)

Qualifying Investor AIF Application Form Section 3 Memorandum and Articles (December 2013)

Qualifying Investor AIF Application Form Section 3 Deed of Constitution (December 2013)

Qualifying Investor AIF Application Form Section 3 Trust Deed (December 2013)

Qualifying Investor AIF Application Form Section 3 Instrument of Incorporation (March 2015)

Qualifying Investor AIF Application Form Section 4 Depositary Agreement (March 2015)

Qualifying Investor AIF Application Form Section 5 Agreements with Third Parties (March 2015)

Qualifying Investor AIF Application Form Section 6 Distribution/Paying Agent/Representative Agent Agreement (July 2013)

Qualifying Investor AIF Application Form Section 7 Investment through Subsidiaries (July 2013)

Qualifying Investor AIF Application Form Section 8 Sub-Fund (March 2015)

Qualifying Investor AIF Application Form Section 9 Investment Limited Partnership Agreement (December 2013)

Retail Investor AIF Application Forms

Retail Investor AIF Application Form Section 1 (March 2015)

Retail Investor AIF Application Form Section 2 Prospectus (January 2016)

Appendix 1 Money Market Retail Investor AIFs (July 2013)

Appendix 2 Guaranteed Retail Investor AIFs (July 2013)

Appendix 3 Valuation (July 2013)

Appendix 4 Fund of unregulated funds Retail Investor AIFs (July 2013)

Appendix 5 Retail Investor AIFs which invest more than 30% in another investment fund (July 2013)

Appendix 6 Real Estate Retail Investor AIFs (July 2013)

Appendix 7 Venture or development capital or private equity Retail Investor AIFs (July 2013)

Retail Investor AIF Application Form Section 3 Memorandum and Articles (July 2013)

Retail Investor AIF Application Form Section 3 Deed of Constitution (July 2013)

Retail Investor AIF Application Form Section 3 Trust Deed (July 2013)

Retail Investor AIF Application Form Section 3 Instrument of Incorporation (March 2015)

Retail Investor AIF Application Form Section 4 Depositary Agreement (March 2015)

Retail Investor AIF Application Form Section 5 Administration/Transfer Agent Agreement (July 2013)

Retail Investor AIF Application Form Section 6 Management Agreement (July 2013)

Retail Investor AIF Application Form Section 7 Investment Management Agreement (March 2015)

Retail Investor AIF Application Form Section 8 Investment through Subsidiaries (July 2013)

Retail Investor AIF Application Form Section 9 Sub-Fund (March 2015)

Retail Investor AIF Application Form Section 10 Investment Limited Partnership Agreement (July 2013)

Retail Investor AIF Application Form Section 11 Distribution/Paying Agent/Representative Agent Agreement (July 2013)

Retail Investor AIF Application Form Section 12 AIFM Agreement (March 2015)    

Post-Authorisation

Following authorisation subsequent changes to a scheme are processed, in the main, by the Post Authorisation Section of Funds Authorisation, Securities and Markets Supervision Division.  A number of forms are available to assist in this process and these are detailed below. 

Qualifying Investor AIF Post Authorisation Amendments Application Form (October 2015) 

Qualifying Investor AIF COSP (October 2015)

Retail Investor AIF Form COSP 1  (October 2015)

Retail Investor AIF Form COSP 2  (October 2015)

Application for withdrawal of approval of a Sub-Fund (October 2015)

Revocation of Investment Company / ICAV (October 2015))

Revocation of Unit Trust / CCF (October 2015)

Appointment of Investment Manager/Investment Adviser (October 2015)


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