MiFID II Article 92

Article 92 : Amendments to Directive 2011/61/EU

Directive 2011/61/EU is amended as follows:

(1) in point (r) of Article 4(1), the following point is added:

‘(vii) a Member State, other than the home Member State, in which an EU AIFM provides the services referred to in Article 6(4);’;

(2) Article 33 is amended as follows:

(a) the title is replaced by the following:

‘Conditions for managing EU AIFs established in other Member States and for providing services in other Member States’;

(b) paragraphs 1 and 2 are replaced by the following:

‘1. Member States shall ensure that an authorised EU AIFM may, directly or by establishing a branch:

(a) manage EU AIFs established in another Member State, provided that the AIFM is authorised to manage that type of AIF;

(b) provide in another Member State the services referred to in Article 6(4) for which it has been authorised.EN L 173/478 Official Journal of the European Union 12.6.2014

2. An AIFM intending to provide the activities and services referred to in paragraph 1 for the first time shall communicate the following information to the competent authorities of its home Member State:

(a) the Member State in which it intends to manage AIFs directly or to establish a branch, and/or to provide the services referred to in Article 6(4);

(b) a programme of operations stating in particular the services which it intends to perform and/or identifying the AIFs that it intends to manage.’.

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