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By Catherine MARTOUGIN, Partner Investment Funds, Baker McKenzie Luxembourg
At the age of the expansion of alternative investment funds collecting more and more commitments from institutional investors in the search for yield, the European rules on marketing are returning to the scene. Brexit represents another reason to revisit the European marketing regime and the benefit of the related passport granted to MIFID entities and AIFMs.
Any AIFM established in a Member State is allowed to market the interests of the funds to professional investors, as defined under MIFID, subject to a prior notification to its home regulator. The notification is a straightforward process as the AIFM has to provide its program of operations identifying the AIFs it...
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