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AI Summary of Article 45 Responsibility of competent authorities in Member States
This document outlines the prudential supervision responsibilities of the competent authorities concerning Alternative Investment Fund Managers (AIFMs). The home Member State retains primary supervisory authority, while host Member States oversee compliance with specific articles when AIFMs operate branches or market funds locally. Notably, host authorities can require necessary compliance information, ensuring it aligns with local regulations.
In cases of non-compliance or failure to provide requested information, host authorities may escalate matters to the home's competent authorities, who must act promptly. If persistent breaches jeopardise investor interests or market stability, host authorities are empowered to intervene, including restricting further marketing activities.
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Article 45 Responsibility of competent authorities in Member States
1. The prudential supervision of an AIFM shall be the responsibility of the competent authorities of the home Member State of the AIFM, whether the AIFM manages and/or markets AIFs in another Member State or not, without prejudice to those provisions of this Directive which confer the responsibility for supervision on the competent authorities of the host Member State of the AIFM.
2. The supervision of an AIFM's compliance with Articles 12 and 14 shall be the responsibility of the competent authorities of the host Member State of the AIFM where the AIFM manages and/or markets AIFs through a branch in that Member State.