Sat, May 27, 2017
A A A
Welcome Guest
Free Trial RSS
Get FREE trial access to our award winning publications
Industry Updates

The AIFMD and Bermuda – implementation update

Tuesday, April 02, 2013
Opalesque Industry Update: The Bermuda Monetary Authority (BMA), the Bermuda regulator, has recently made an important announcement by confirming that Bermuda is now able to satisfy the three core conditions that are required of a so called “Third Country” under the Alternative Investment Fund Managers Directive (AIFMD). Complying with these conditions is necessary for Bermuda if its investment funds, and investment funds managed by its investment managers, are to be allowed to be marketed in Europe under the private placement regimes of EU member states after the 22 July 2013 transposition date of the AIFMD, and following this, under the anticipated extension of the passporting regime to Third Countries in 2015.

The three core conditions are as follows:

  1. There are in place appropriate cooperation arrangements, which take the form of agreements between the Third Country supervisory authority and the regulators of the relevant EU member state(s);
  2. Third Countries are not on the Financial Action Task Force list of non‐ cooperative jurisdictions; and
  3. Agreements for exchange of information for tax purposes are in place with the relevant EU member state(s).

Whilst satisfying conditions (2) and (3) have never been an issue for Bermuda, negotiations between the BMA and the European Securities and Markets Authority (on behalf of the EU regulators) relating to condition (1), namely the form of cooperation agreement, which provides for the consultation, cooperation and exchange of information between the BMA and EU regulators, had been ongoing for sometime. The BMA is now working to confirm details under the cooperation agreement.

This is an important breakthrough for Bermuda, demonstrating the jurisdiction’s commitment to its managers and investment funds in the context of the AIFMD.

Bermuda is now well‐placed to meet its requirements as a Third Country by the July 2013 deadline.

Conyers Dill & Pearman, LLP

Press Release

BM

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. Investing - Tudor Jones backs AI hedge funds, Massive hedge fund trades highlight insider buying: GE, Pentair, Tempur Sealy, Apollo Global and more, Hedge funds big wigs are buying consumer and selling tech, here's the stocks[more]

    Tudor Jones backs AI hedge funds From FT.com: Hedge fund magnate Paul Tudor Jones has invested in a brace of artificial-intelligence powered "quantitative" hedge funds, underscoring the increasing acceptance that the industry will need to turn more to technology and away from traditional

  2. Soon hedge fund investors won't bet on a man, they will bet on a machine[more]

    From Forexlive.com: The Wall Street Journal is in the midst of a 17-part series that looks at the rise of quant funds. The AUM and money invested in quant funds still trails traditional asset managers but the gap is closing. What's truly amazing is volume. Quant funds make up 27% of trading vo

  3. Investing - China's HNA wants to invest in Value Partners, Risk parity investors reap rewards from rebalancing act, SoftBank's $100 billion tech fund rankles VCs as valuations soar[more]

    China's HNA wants to invest in Value Partners From Reuters.com: HNA Group has alighted on a logical, if pricey, target in Hong Kong. The deal-hungry Chinese travel conglomerate known for overpaying wants to invest in Value Partners, one of Asia's few sizeable independent asset managers,

  4. Opalesque Exclusive: Investors warm to ESG, but seek standardization[more]

    Bailey McCann, Opalesque New York: Asset managers and asset owners plan to double their investment in Environmental, Social and Governance (ESG) driven strategies over the next two years, according to a survey from BNP Paribas Securities Services. The report, "Great Expectations: ESG - what's nex

  5. Opalesque Roundtable: France's hidden strengths in AI and machine learning[more]

    Komfie Manalo, Opalesque Asia: All nations offer their strengths and weaknesses, but one that is undisputed is the quality of the French scientists, claimed Guillaume Vidal, co-founder of French technology startup Walnut Algorithms at the