Management of EU AIFs under Regulation 34 of EU (AIFM) Regulations 2013 (Article 33 of AIFMD)

General procedures for Irish AIFMs proposing to manage AIFs established in other EU Member States

Irish AIFMs proposing to manage EU AIFs established in another Member State must notify the Central Bank in accordance with Regulation 34 of the EU (AIFM) Regulations 2013.

The notification form attached should be submitted to the Central Bank along with a completed programme of operations stating in particular the services which it intends to perform and identifying the AIFs it intends to manage. AIFM Reg 34 Passporting Out (Freedom of Services) Checklist should also be completed and submitted with the application to the Central Bank.

In addition, the notification letter should also be completed and accompanied by a letter from a Director of the AIFM stating that the AIFM's management of the AIFs will comply, and continue to comply with, the AIFMD on an on-going basis.

Freedom of Establishment

If the AIFM intends to establish a branch in another Member State, it should also provide the additional following information:

• The organisational structure of the branch;
• The address in the home Member State of the EU AIF from which documents may be obtained;
• The names and contact details of the persons responsible for the management of the branch.

Please email Freedom of Establishment applications to: [email protected].

Regulation 7(4) Services

Externally managed AIFMs authorised in Ireland may passport services set out under Regulation 7(4) of the EU (AIFM) Regulations 2013.

If an AIFM wishes to provide these services in another Member State on a standalone basis, the appropriate activities boxes should be ticked on the notification letter. Please note: The ‘Management of AIFs’ box should remain blank if this is the AIFM’s intention.