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;
(ii) safe-keeping and administration in relation to shares or units of collective investment undertakings;
(iii) reception and transmission of orders in relation to financial instruments;
(iv) any other function or activity which is already provided by the AIFM in relation to an AIF that it manages in accordance with this Article, or in relation to services that it provides in accordance with this paragraph, provided that any potential conflict of interest created by the provision of that function or activity to other parties is appropriately managed.
(c) administration of benchmarks in accordance with Regulation (EU) 2016/1011;
(d) credit servicing activities in accordance with Directive (EU) 2021/2167 of the European Parliament and of the Council.
5. AIFMs shall not be authorised under this Directive to provide:
(a) only the services referred to in paragraph 4;
(b) non-core services referred to in point (b) of paragraph 4 without also being authorised to provide the services referred to in point (a) of paragraph 4;
(c) only the activities referred to in point 2 of Annex I; or
(d) the services referred to in point 1(a) of Annex I without also providing the services referred to in point 1(b) of Annex I or vice versa; or
(e) administration of benchmarks in accordance with Regulation (EU) 2016/1011 which are used in the AIFs that they manage.
6. Article 2(2)15, Article 16 except for paragraph 5, first subparagraph, and Articles 12, 1323, 24 and 1925 of Directive 2004/39/EC2014/65/EU shall apply to the provision ofwhere the services referred to in paragraph 4, points (a) and (b), of this Article, concerning one or more of the instruments listed in Annex I, Section C, to Directive 2014/65/EU, are provided by AIFMs.
7. Member States shall require that the AIFMs provide the competent authorities of their home Member State with the information they require to monitor compliance with the conditions referred to in this Directive at all times.
8. Investment firms authorised under Directive 2004/39/EC and credit institutions authorised under Directive 2006/48/EC shall not be required to obtain an authorisation under this Directive in order to provide investment services such as individual portfolio management in respect of AIFs. However, investment firms shall, directly or indirectly, offer units or shares of AIFs to, or place such units or shares with, investors in the Union, only to the extent the units or shares can be marketed in accordance with this Directive.