Article 5
Application for authorisation as an ELTIF
1.
An application for authorisation as an ELTIF shall be made to the competent authority of the ELTIF.
The application for authorisation as an ELTIF shall include all of the following:
(a)
the fund rules or instruments of incorporation;
(b)
the name of the proposed manager of the ELTIF;
(c)
the name of the depositary and, where requested by the competent authority of an ELTIF that can be marketed to retail investors, the written agreement with the depositary;
(d)
where the ELTIF can be marketed to retail investors, a description of the information to be made available to investors, including a description of the arrangements for dealing with complaints submitted by retail investors;
(e)
where applicable, the following information on the master-feeder structure of the ELTIF:
(i)
a declaration that the feeder ELTIF is a feeder of the master ELTIF;
(ii)
the fund rules or instruments of incorporation of the master ELTIF and the agreement between the feeder ELTIF and the master ELTIF, or the internal rules on the conduct of business, referred to in Article 29(6);
(iii)
where the master ELTIF and the feeder ELTIF have different depositaries, the information-sharing agreement referred to in Article 29(7);
(iv)
where the feeder ELTIF is established in a Member State other than the home Member State of the master ELTIF, an attestation by the competent authority of the home Member State of the master ELTIF that the master ELTIF is an ELTIF provided by the feeder ELTIF.
The competent authority of the ELTIF may request clarification and information as regards the documentation and information provided under the second subparagraph.
2.
Only an EU AIFM authorised under Directive 2011/61/EU may apply to the competent authority of the ELTIF for approval to manage an ELTIF for which authorisation is requested in accordance with paragraph 1. In the event that the competent authority of the ELTIF is the same as the competent authority of the EU AIFM, such an application for approval shall refer to the documentation submitted for authorisation under Directive 2011/61/EU.
Without prejudice to paragraph 1, an EU AIFM that applies to manage an ELTIF established in another Member State shall provide the competent authority of the ELTIF with the following documentation:
(a)
the written agreement with the depositary;
(b)
information on delegation arrangements regarding portfolio and risk management and administration with regard to the ELTIF;
(c)
information about the investment strategies, the risk profile and other characteristics of AIFs that the EU AIFM is authorised to manage.
The competent authority of the ELTIF may ask the competent authority of the EU AIFM for clarification and information as regards the documentation referred to in the second subparagraph or an attestation as to whether ELTIFs fall within the scope of the EU AIFM's authorisation to manage AIFs. The competent authority of the EU AIFM shall provide an answer within 10 working days from the date on which it received the request submitted by the competent authority of the ELTIF.
3.
Applicants shall be informed within two months from the date of submission of a complete application whether authorisation as an ELTIF has been granted.
4.
Any subsequent modifications to the documentation referred to in paragraphs 1 and 2 shall be immediately notified to the competent authority of the ELTIF.
5.
By way of derogation from paragraphs 1 and 2, an EU AIF the legal form of which permits internal management and the governing body of which chooses not to appoint an external AIFM shall apply simultaneously for authorisation as an ELTIF under this Regulation and as an AIFM under Directive 2011/61/EU.
Without prejudice to Article 7 of Directive 2011/61/EU, the application for authorisation as an internally managed ELTIF shall include the following:
(a)
the fund rules or instruments of incorporation;
(b)
where the ELTIF can be marketed to retail investors, a description of the information to be made available to retail investors, including a description of the arrangements for dealing with complaints submitted by retail investors.
By way of derogation from paragraph 3, an internally managed EU AIF shall be informed within three months from the date of submission of a complete application whether authorisation as an ELTIF has been granted.