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European Union: Alternative Investment Fund Managers Directive II is out

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In brief

On 26 March 2024, Directive (EU) 2024/927 amending the Alternative Investment Fund Managers Directive (AIFMD) and the Undertaking for Collective Investment in Transferable Securities Directive (UCITSD) relating to delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and custody services and loan origination by alternative investment funds (AIFMD II or “Directive”) was published in the Official Journal of the European Union.

AIFMD II will enter into force on 15 April 2024.

Member states have until 16 April 2026 to transpose the Directive into national law, with the exception of the measures transposing Article 1(12) and those transposing Article 2(7) with regard to Article 20a of the UCITS Directive (both of which relate to certain reporting requirements), which member states must apply from 16 April 2027.

To know more about the key changes in AIFMD II, you may further refer to our previously published insights on AIFMD II — see here and here.

For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

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Author

Laurent Fessmann is a Banking & Finance partner specializing in the formation and structuring of Luxembourg investment funds. He is a former managing partner of the Luxembourg office and the current co-chairman of the Baker McKenzie's Global Funds Steering Committee. He started his career in 1996 as in-house counsel in a French CAC40-listed company where he worked intensively on LBO transactions, capital markets and corporate law matters. Mr. Fessmann joined a Luxembourg business law firm where he became a partner prior to founding his own law firm in 2009. He is a highly regarded professional and recognized legal professional in Chambers, Legal 500, IFLR notably. He contributes time and knowledge in several market participant industry associations in particular as co-chairman of the ABBL/ALFI depositary forum working groups, the European Public Real Estate Association, the Luxembourg Private Equity Association and the Association of Global Custodians. He is also a regulator at fund conferences such as ALFI, IBCI and regularly invited to speak on internal or bank seminars.

Author

Catherine Martougin is a partner in the Funds & Asset Management team of the Baker McKenzie Luxembourg office. She has more than 20 years' experience in business law. Prior to joining the Firm, she practiced in elite international law firms in Paris and Luxembourg.

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