ANNEX I
Template for the publication of national provisions governing the marketing requirements for AIFs and UCITS
[Indicate the date when the information was last modified]
This page contains information on the national laws, regulations and administrative provisions governing the marketing requirements referred to in Article 5(1) of Regulation (EU) 2019/1156 of the European Parliament and of the Council of 20 June 2019 on facilitating cross-border distribution of collective investment undertakings.
Marketing requirements for UCITS
(Insert up-to-date and complete information on the applicable national laws, regulations and administrative provisions governing the marketing requirements for UCITS, including hyperlinks to the full versions of those laws, regulations and administrative provisions)
The information must include at least the following categories of rules governing:
format and content of marketing material, including identification of the information and documents to be notified to the competent authority prior to beginning of marketing;
verification of marketing communications by the competent authority;
reporting obligations in relation to marketing;
passporting regime;
de-notification of arrangements made for marketing;
other rules governing the marketing of UCITS applicable within the jurisdiction of the competent authority [where applicable].
Disclaimer: [Name of the competent authority] has taken reasonable care to ensure that the information on the national provisions governing the marketing requirements for UCITS in [Name of the Member State] included on this webpage is up-to-date and complete. [Name of the competent authority] is not responsible for maintaining external websites and is not liable for any error or omission on any external website to which hyperlinks are provided on this webpage.
Marketing requirements for AIFs
(Insert up-to-date and complete information on the applicable national laws, regulations and administrative provisions governing the marketing requirements for AIFs including the hyperlinks to the full version of those laws, regulations and administrative provisions). In case any specific provisions apply to the marketing of certain categories of AIFs (e.g. real estate AIFs, private equity AIFs, etc.), insert the relevant national laws, regulations and administrative provisions for each of these categories.
The information must include at least the following categories of rules governing:
prior authorisation for marketing;
format and content of marketing material, including identification of the information and documents to be notified to the competent authority prior to beginning of marketing;
verification of marketing communications by the competent authority;
marketing to retail investors or to professional investors;
reporting obligations in relation to marketing;
passporting regime;
distribution of funds established in a third country under the national private placement regime [where applicable];
distribution of open-ended AIFs and of closed-ended AIFs;
de-notification of arrangements made for marketing;
other rules governing the marketing of AIFs applicable within the jurisdiction of the competent authority [where applicable].
Disclaimer: [Name of the competent authority] has taken reasonable care to ensure that the information on the national provisions governing the marketing requirements for AIFs in [Name of the Member State] included on this webpage is up-to-date and complete. [Name of the competent authority] is not responsible for maintaining external websites and is not liable for any error or omission on any external website to which hyperlinks are provided on this webpage.
Other requirements *
In addition to the provisions referred to above, which are set out specifically for the marketing of [UCITS/AIFs/UCITS and AIFs], there may be other legal provisions that may apply when marketing them in [Name of the Member State], although they are not specifically designed for the marketing of [UCITS/AIFs/UCITS and AIFs], depending on the individual situation of those involved in the marketing of shares or units of [UCITS/AIFs/UCITS or AIFs]. Marketing in [name of the Member State] may trigger the application of other requirements, such as [specify the relevant bodies of national law that could be applicable].
Disclaimer: The list in this template is a non-exhaustive list of national laws that could be applicable and [Name of the competent authority] is not liable for any omission in that list. Supervision of the requirements deriving from these laws is not under the supervision of [Name of the competent authority]. The applicability of these requirements, and any other legal requirements, should be assessed before marketing or investing in [a UCITS/an AIF/a UCITS or an AIF]. Where uncertainty exists, those marketing or investing in UCITS or AIFs should obtain independent advice as to the applicable requirements to their individual situation.
* If the marketing requirements for UCITS and the marketing requirements for AIFs are published on separate webpages on the website of a competent authority, the ‘other requirements’ must be published on both pages.