Sun, Aug 20, 2017
A A A
Welcome Guest
Free Trial RSS
Get FREE trial access to our award winning publications
Industry Updates

Fund managers and insurance mediation: the hidden deadline

Tuesday, July 15, 2014
Opalesque Industry Update - In addition to the fast approaching deadline for AIFMD, all fund managers must be well aware that next Monday, 21 July 2014, is the last possible date for application to the FCA for authorisation to manage an AIF under the transitional provisions. Less obvious is the fact that it is also the key date to notify the FCA if the AIFM needs to carry out insurance mediation in connection with the fund. Many real estate managers, and some others, need to carry on insurance mediation when arranging insurance for the assets of the fund.

Generally fund managers authorised as AIFMs or UCITS managers do not need separate permissions to carry out additional regulated activities in connection with or for the purposes of the management of the relevant AIF or UCITS. As far as insurance mediation is concerned a notable exception to this general rule was introduced recently by the Alternative Investment Fund Managers Order 2014 (amended by the Alternative Investment Fund Managers (Amendment) Order 2014). With effect from 22 July 2014 fund managers wishing to carry out insurance mediation as part of their fund management activities will need to have that separately specified in their scope of permission.

In recognition of the late change a short form notification procedure has been introduced – but only for those who give notice to the FCA before 22 July 2014. After that date a full scale variation of permission application would be required.

This notification must specify the relevant regulated insurance mediation activities for which permission is required and must be received by the FCA before 22 July 2014.

Authorised AIFMs and UCITS managers who give this notice will automatically be treated as having been granted permission to carry out the relevant insurance mediation on the date their permission (to manage AIFs or UCITS) takes effect, or 22 July 2014, whichever is later. This is assuming that the FCA has not imposed a requirement on the firm to refrain from carrying out insurance mediation.

For firms whose applications for authorisation or variation of permission applications have not yet been determined, the notification will effectively add insurance mediation to the activities for which application is being made.

Subsequent to 22 July 2014, managers will need to apply to the FCA to include insurance mediation in their permissions in the normal way as with any other regulated activity.

King & Wood Mallesons

Press Release

What do you think?

   Use "anonymous" as my name    |   Alert me via email on new comments   |   
Today's Exclusives Today's Other Voices More Exclusives
Previous Opalesque Exclusives                                  
More Other Voices
Previous Other Voices                                               
Access Alternative Market Briefing

 



  • Top Forwarded
  • Top Tracked
  • Top Searched
  1. Opalesque Exclusive: Albright Capital puts a value lens on emerging markets[more]

    Bailey McCann, Opalesque New York: Over the past decade, investors have steadily increased investments in emerging markets private funds. Allocations to the cohort have increased from $93 billion in December 2006 to $564 billion in September 2016, according to data from research firm Preqin. Howe

  2. Comment: "Long-Term Investing": What managing drawdown risk can do to your long-term returns[more]

    Matthias Knab, Opalesque: Real Investment Advice writes on Harvest Exchange: Last week, I was having lunch with a prospective portfolio management client discussing the curre

  3. Jasper Capital International joins Hedge Fund Standards Board[more]

    Komfie Manalo, Opalesque Asia: Diversified and systematic investment firm Jasper Capital International has become the second China-based signatory to the Hedge Fund Standards Board (HFSB), an organization that brings hedge fund managers and investors together to set standards for the hedge fund i

  4. Investing - Hedge-fund honchos including David Tepper are loading up on Alibaba, Billionaire hedge fund manager Stanley Druckenmiller is betting big on the Chinese consumer, Big-name U.S. hedge funds shed healthcare stocks during the rally in second-quarter, U.S. hedge funds bearish on FAANG stocks in second-quarter, Hedge fund titan Viking Global made a $680 million bet on scandal-plagued Wells Fargo[more]

    Hedge-fund honchos including David Tepper are loading up on Alibaba From CNBC.com: David Tepper's Appaloosa Management and three other he ge funds took new stakes in Chinese e-commerce giant Alibaba in the second quarter, according to the latest quarterly filings. Appaloosa disclos

  5. FinTech - Danger: Crowdfunding on the wrong platform could force you to go public[more]

    From LinkedIn.com: Some equity crowdfunding platforms are putting startups at serious risk. Working with a platform that doesn't structure your deal appropriately could jeopardize your ability to raise future capital or worse, force you to become a public reporting company. The emergence of eq