Sat, Mar 24, 2018
Welcome Guest
Free Trial RSS
Get FREE trial access to our award winning publications
Industry Updates

‘Patchwork quilt’ of AIFMD requirements will deter non-EU firms

Tuesday, December 10, 2013
Opalesque Industry Update - The ‘patchwork quilt’ of regulatory requirements resulting from European Union member states exercising discretion under the Alternative Investment Fund Managers Directive is likely to deter many non-EU firms from operating in the market – but that need not be the case, according to Sturgeon Ventures, the regulatory incubator.

The ‘National Private Placement Regime’ enables fund managers to market hedge funds in the EU that are ineligible for passporting under the AIFMD, either because they originate outside the European Economic Area or they are managed by non-EEA managers. It is estimated* that around 17 of the EU member states intend to allow some form of private placement, while others have even yet to announce their intentions. But the result is a patchwork of national treatments of the inward marketing of alternative investment funds.

Sturgeon believes a number of alternative fund management companies, especially US hedge funds domiciled in the Caymans, will give up on trying to operate in the European Union because of the difficulties navigating the variety of requirements each country will make.

But Sturgeon has launched a new service to enable AIFs to produce bespoke submissions meeting each country’s regulatory requirements.

Seonaid Mackenzie, Managing Partner at Sturgeon, commented: “We believe we are the first regulatory incubator or ‘umbrella’ to provide this service. We are working with a number of law firms that that can draft the relevant appendices to current offering memorandums in line with the different jurisdictions. We can update our service almost as fast as countries can announce their new regimes.”

Jake Green, Senior Associate at Ashurst, the regulatory legal firm, said: “The market is frustrated with the current uncertainty in the European Union and regards the AIFMD as having created some increased operational headaches in getting funds into the EU. These issues cannot be ignored but at the same time they are not insurmountable and Sturgeon’s new service does offer a solution.”

Sturgeon Ventures is the largest and longest-established wholesale regulatory incubator, which is also known as an ‘FCA umbrella’ or ‘regulatory hosting platform’.

Sturgeon specialises in helping entrepreneurs establish start-up financial services businesses, nurturing them through the initial regulatory phase until they can be directly regulated by the Financial Conduct Authority in their own right. Sturgeon provides advice on marketing, training, human resources, branding and compliance, helping companies to gain competency and prove their business models to the regulator. It also offers education and training courses covering: senior management obligations and governance; monitoring governance of fund directors; anti-bribery and anti-money laundering procedures; market abuse; data protection training; compliance induction for wholesale, private equity and real estate fund managers; and financial promotions. It believes it is the UK’s longest running regulatory umbrella in the institutional arena.

*Source: Ernst & Young, 2013

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. John Paulson, once the industry's largest hedge fund, to return some investors' money[more]

    Komfie Manalo, Opalesque Asia: John Paulson is reported to be retuning some of his investors' money as a number of his hedge funds continue to suffer setbacks, reports

  2. Institutional Investors - Overdrawn pension fund scores gains[more]

    From Investments in big banks, pawn shops and rolling papers helped boost public safety workers' underfunded pensions this past calendar years, according to newly released figures. After recording middling returns in recent years, the Police & Fire Pension Fund (P&F) notched

  3. Activist Investors - The seven most undervalued stocks in Larry Robbins' portfolio, Stamford hedge fund still seeking shakeup of Taubman board[more]

    The seven most undervalued stocks in Larry Robbins' portfolio From ...On February 14th, Larry Robbins' firm Glenview Capital Management filed its quarterly Form 13F regulatory filing. The firm's stock portfolio totals $18.5 billion with 58 positions according to the latest

  4. Hot hedge fund loses 21% after bet on volatility goes wrong[more]

    From In December, Shahraab Ahmad shared with his hedge fund clients the principle that helped him trounce peers for two turbulent decades: steer clear of the crowd. He'd turned $50 million into an operation with more than $700 million over three years and delivered market-beating retu

  5. Opalesque Exclusive: Northern Trust builds on blockchain-backed private equity solution[more]

    Bailey McCann, Opalesque New York: Private equity clients at Northern Trust can now carry out audits of private equity lifecycle events directly from the blockchain. Northern Trust, working with PwC and other audit firms in Guernsey, has added this feature to its existing solution set for private