AI Summary of Article 6 Conditions for taking up activities as AIFM
The directive mandates that Member States must ensure that Alternative Investment Fund Managers (AIFMs) are authorised prior to managing AIFs. AIFMs must continually satisfy the established authorisation conditions. External AIFMs are restricted to specific activities detailed in Annex I, with potential derogations allowing for additional services such as portfolio management and non-core offerings, provided conflicts of interest are managed appropriately.
Moreover, AIFMs are prohibited from being solely authorised for certain services, including benchmark administration related to AIFs. It is essential for AIFMs to maintain compliance with regulatory requirements and furnish necessary information to their home authorities at all times.
Article 6 Conditions for taking up activities as AIFM
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:
(i) investment advice;