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AIFMD Is Easier for Non-E.U. Hedge Fund Managers Than Commonly Anticipated

With the introduction of Europe’s Alternative Investment Fund Managers Directive (AIFMD), non-E.U. alternative investment fund managers (AIFMs) have sought information about what the directive means for them and whether they should avoid Europe altogether.  Generally speaking, the sentiment has been negative, with firms warned about the need to register in – and comply with distinct reporting requirements in – each jurisdiction, as well as the need to disclose sensitive compensation information.  In the end, most U.S. firms have opted to rely on reverse solicitation or simply stay out of Europe for the time being.  In the two years since AIFMD went into effect, much has been learned about how Member State regulators intend to treat non-E.U. AIFMs.  In many ways, AIFMD is easier than expected for non-E.U. AIFMs.  In short, a non-E.U. firm wishing to market in Europe should not let fear of AIFMD get in its way.  In a guest article, Jeanette Turner, managing director and general counsel at Advise Technologies, Tim Slotover, founder of flexGC, and Arne Zeidler, founder and managing director of Zeidler Legal Services, examine the obligations of non-E.U. AIFMs under the National Private Placement Regimes (NPPRs) of individual European countries and explore alternatives to the NPPRs for non-E.U. AIFMs to market their funds in Europe.  On Tuesday, October 27, 2015, from 8:00 a.m. to 10:00 a.m. EDT, Turner, Slotover and Zeidler will expand on the thoughts in this article – as well as other areas of AIFMD that affect non-E.U. hedge fund managers – in a seminar entitled “Non-E.U. Fund Managers: Why AIFMD Is Easier Than You Think.”  For more information and to register for the panel discussion, click here.  For additional insight from Turner, see “MiFID II Expands MiFID I and Imposes Reporting Requirements on Asset Managers, Including Non-E.U. Asset Managers,” Hedge Fund Law Report, Vol. 8, No. 21 (May 28, 2015); and “Seven Tips and Lessons Learned from January 2015 AIFMD Filers,” Hedge Fund Law Report, Vol. 8, No. 6 (Feb. 12, 2015).

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