I am writing to you because I need to relay vital information about the recent Alternative Investment Fund Managers Directive (AIFMD). Please read this posting as failure to comply with the directive could lead to claims for civil law damages, tax consequences and, in exceptional cases, criminal penalties.
We have also set up an AIFMD Manager on the ProFundCom AppStore to help with compliance – more on that later.
The directive contains complex regulations governing marketing and email marketing carried out by fund managers with interests in alternative investment funds (AIFs). In the UK, US and Europe these regulations will operate alongside and sometimes overlap with the local jurisdictions regarding financial promotions, so it is essential that you take on board and understand the implications for you.
No guidance has been issued by the FCA or ESMA (European Securities and Markets Authority) on the meaning of marketing and email marketing. However, some useful guidance can be found in the FCA’s final policy statement and perimeter guidance.
For more information visit the blog.