FUND 3.12 Marketing a UK AIF in the UK
Application
This section applies to:
- (1)
a full-scope UK AIFM of a UK AIF.4
- (2)
[deleted]4
Marketing application
Under regulation 54 (FCA approval for marketing) of the AIFMD UK regulation, a full-scope UK AIFM 4may apply to market a UK AIF 4it manages in the UK by submitting a notice to the FCA in the form set out in FUND 3 Annex 1 D.1
If the UK AIF 4is a feeder AIF, the master AIF needs to be an AIF that is not managed by a non-UK AIFM4 or is not a non-UK AIF4 for it to be marketed in accordance with regulation 54 of the AIFMD UK Regulation. If the master AIF is managed by a non-UK AIFM4 or is a non-UK AIF4, the AIF may be marketed in the UK in accordance with regulation 4of the AIFMD UK regulation (see FUND 10.5.9G (Marketing of AIFs managed by other third-country AIFMs4).
- (1)
A full-scope UK AIFM may use the form set out in FUND 3 Annex 1 D to apply to market a UK AIF 4(that is not a feeder AIF, the master AIF of which is managed by a non-UK AIFM or is a non-UK AIF4) to professional clients and/or retail clients.
- (2)
A full-scope UK AIFM may inform the FCA of its intention to market such an AIF in the UK in its application to become authorised as a Full-scope UK AIFM, in which case the firm does not also have to submit the form in FUND 3 Annex 1 D in respect of that marketing.
- (3)
[deleted]4
2
[deleted]4
A full-scope UK AIFM that intends to market to retail clients should consider the application of the financial promotions regime and ensure it is compliant with the relevant requirements (see PERG 8.37.14 G (Application of the financial promotion and scheme promotion restrictions)).