AIFMD II - The Harmonisation of Pre-Marketing

Following a lengthy process through the EU Commission and Parliament, the proposed amendments regarding harmonisation of pre-marketing across the EU have now been agreed. On August 2nd 2019, a two year implementation period began, requiring all member states to apply the new rules from August 2021. At present, AIFMD regulates the “marketing” of a fund to investors, but does not specifically discuss “pre-marketing”. Consequently, the definition of pre-marketing varies between each member state, with some countries such as Spain taking a more restrictive stance on allowing any pre-marketing activities compared with for example, the UK.

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