Non‑AIFMD Options for Marketing Funds in Europe and Other Regulatory Considerations (Part Two of Two)

The E.U.’s Alternative Investment Fund Managers Directive (AIFMD) has been a staple for U.S. fund managers desiring to market in Europe. It is not the only option available, however, as managers can market via national private placement regimes or forgo marketing altogether by relying on reverse solicitation. Regardless of which option managers select, they will still have to be cognizant of an evolving array of other E.U. regulations under which obligations may be triggered. Arnold & Porter recently hosted a webinar featuring partner Simon Firth meant to assist alternative investment fund managers (AIFMs) located outside of the European Economic Area with maneuvering around those regulations. This second article in a two-part series identifies some non-AIFMD marketing options, as well as other regulatory considerations triggered by operating in the E.U. The first article outlined the operative requirements and obligations associated with marketing under AIFMD, as well as the lighter regime available to small AIFMs. See “Six Common Misconceptions U.S. Fund Managers Have About Marketing in Europe” (Mar. 9, 2017); and “What Is the Difference Between Marketing and Reverse Solicitation Under the AIFMD?” (Nov. 6, 2014).

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