The European Securities and Markets Authority (ESMA) has published further updated questions and answers documents (Q&A) on the application of AIFMD and the UCITS Directive.  There are three new questions in the AIFMD Q&A and one of those three is also in the new UCITS Q&A.  Those questions relate to:

• Reporting to NCAs on the breakdown between retail and professional investors where the breakdown is not known;

• Notification of AIFMs on the AIFs to be managed, if domiciled in another Member State, where the AIF cannot be identified at the time of the notification; and

• Use by an AIF or UCITS of the exemption for intragroup transactions under Article 4(2) of Regulation (EU) 648/2012 (EMIR), if subject to the clearing obligation of Article 4(1) of EMIR.

Please contact Jennifer Wood should have any questions regarding these Q&As.