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Published:
15.2.2013
Last Updated:
25.7.2024

The status of Gibraltar under the AIFMD

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Summary

The Alternative Investment Fund Managers Directive (AIFMD) permits third country AIFMs to manage AIFs in the EU provided they adhere to specific rules.

cONTINUE rEADING

 

The Alternative Investment Fund Managers Directive (AIFMD) permits third country AIFMs to manage AIFs in the EU provided they adhere to specific rules. To enable European authorities to perform supervision, cooperation arrangements with the authorities of the third countries where the AIFM is established or the AIF is located, are compulsory.

A number of funds in Malta are managed by fund managers established in Gibraltar. The European Securities and Markets Authority (ESMA) has clarified that due to the agreements between Gibraltar and the UK, Gibraltar should not be treated as a third country for the purposes of the AIFMD. Consequently, no particular cooperation arrangements with the Gibraltar Financial Services Commission are necessary.

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The Alternative Investment Fund Managers Directive (AIFMD) permits third country AIFMs to manage AIFs in the EU provided they adhere to specific rules.

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Copyright © 2025 Chetcuti Cauchi. This document is for informational purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking any action based on the contents of this document. Chetcuti Cauchi disclaims any liability for actions taken based on the information provided. Reproduction of reasonable portions of the content is permitted for non-commercial purposes, provided proper attribution is given and the content is not altered or presented in a false light.

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