Article 5
Procedure for authorising MMFs that are AIFs
1.
An AIF shall be authorised as an MMF only if the competent authority of the MMF approves the application submitted by an AIFM, that has already been authorised under Directive 2011/61/EU to manage an MMF that is an AIF, and also approves the fund rules and the choice of the depositary.
2.
When submitting the application for managing an MMF that is an AIF, the authorised AIFM shall provide the competent authority of the MMF with:
(a)
the written agreement with the depositary;
(b)
information on delegation arrangements regarding portfolio and risk management and administration with regard to the AIF;
(c)
information about the investment strategies, the risk profile and other characteristics of MMFs that are AIFs that the AIFM manages or intends to manage.
The competent authority of the MMF may ask the competent authority of the AIFM for clarification and information concerning the documentation referred to in the first subparagraph or an attestation as to whether MMFs fall within the scope of the AIFM's management authorisation. The competent authority of the AIFM shall respond within 10 working days of such request.
3.
Any subsequent modifications of the documentation referred to in paragraph 2 shall be immediately notified to the competent authority of the MMF by the AIFM.
4.
The competent authority of the MMF shall refuse the application of the AIFM only in the event that any of the following applies:
(a)
the AIFM does not comply with this Regulation;
(b)
the AIFM does not comply with Directive 2011/61/EU;
(c)
the AIFM is not authorised by its competent authority to manage MMFs;
(d)
the AIFM has not provided the documentation referred to in paragraph 2.
Before refusing an application, the competent authority of the MMF shall consult the competent authority of the AIFM.
5.
Authorisation of an AIF as an MMF shall not be subject to a requirement either that the AIF be managed by an AIFM authorised in the AIF home Member State or that the AIFM pursues or delegates any activities in the AIF home Member State.
6.
Within 2 months of submission of a complete application, the AIFM shall be informed whether or not authorisation of the AIF as an MMF has been granted.
7.
The competent authority of the MMF shall not grant authorisation of an AIF as an MMF if the AIF is legally prevented from marketing its units or shares in its home Member State.