AIFMD Official Texts 

European Council, Parliament and Commission

Regulation 2019/2088 of 27 November 2019 on sustainability-related disclosures in the financial services sector (ESG Disclosures Regulation affecting UCITS and AIFMs)

Directive 2019/1160 of 20 June 2019 amending Directives 2009/65/EC and 2011/61/EU with regard to cross-border distribution of collective investment undertakings (CBDF Directive – amending AIFMD and UCITS Directive)

Regulation 2019/1136 of 20 June 2019 on facilitating cross-border distribution of collective investment undertakings and amending Regulations 345/2013, 346/2013 and 1286/2014 (CBDF Regulation – Amends AIFMD and UCITS Directive)

Regulation 201/2402 of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (amends AIFMD Article 17)

Directive 2014/65/EU of 15 May 2014 on markets in financial instruments and amending 2002/92/EC and the AIFMD (amends AIFMD Article 4(1)(r) and AIFMD Article 33)

Directive 2014/56/EU of 16 April 2014 amending Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts

Delegated Regulation 694/2014 of 17 December 2013 supplementing AIFMD with regard to RTS determining types of AIFMs

Directive 2013/14/EU of 21 May 2013 amending AIFMD in respect of over-reliance on credit ratings (amends AIFMD Article 15)

Implementing Regulation 448/2013 of 15 May 2013 establishing a procedure for determining the Member State of Reference of a non-EU AIFM pursuant to AIFMD

Implementing Regulation 447/2013 of 15 May 2013 establishing the procedure for AIFMs which choose to opt in under AIFMD

Delegated Regulation 231/2013 of 19 December 2012 supplementing AIFMD with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision (LEVEL 2 REGULATION)

Directive 2011/61/EU of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations 1060/2009 and 1095/2010 (LEVEL 1 DIRECTIVE)

European Securities and Markets Authority (ESMA)

Guidelines on marketing communications under the Regulation on cross-border distribution of funds (2 August 2021)

Guidelines on Article 25 of Directive 2011/61/EU (23 June 2021)

Guidelines on sound remuneration policies under the UCITS Directive and AIFMD (31 March 2016) (amending the 2013 guidelines with respect to the provisions regarding groups)

Guidelines on reporting obligations under Articles 3(3)(d) and 24(1), (2) and (4) of the AIFMD (1 October 2013)

Guidelines on key concepts of the AIFMD (13 August 2013)

Guidelines on sound remuneration policies under the AIFMD (11 February 2013) – REVISED in March 2016 (see above) but otherwise still in effect

Opinions, Q&As, etc.

ESMA Q&A on AIFMD (28 May 2021 but updated regularly)

ESMA Opinion on Collection of information for the effective monitoring of systemic risk under Article 24(5) (1 October 2013), updated 28 May 2021

ESMA Final Report: Guidelines on marketing communication under the Regulation on cross-border distribution of funds (21 May 2021)

ESMA Guidelines on performance fees in UCITS and certain types of AIFs (3 April 2020)

Notification frameworks and home-host responsibilities under UCITS and AIFMD (7 April 2017)

ESMA opinion on the functioning of the AIFMD EU passport and national private placement regimes (30 July 2015)

ESMA advice on the application of the AIFM passport to non-EU AIFMs and AIFs (30 July 2015)

ESMA’s opinion to the European Parliament Council and Commission and  responses to the call for evidence on the functioning of the AIFMD EU Passport and of the national private placement regimes, July 2015; ESMA’s advice to the European Parliament, the Council and the Commission of the AIFMD passport to non-EU AIFMs and non-EU AIFs

EC Q&A on AIFMD (undated)

(Last updated 2 August 2021)