The Alternative Investment Fund Managers Regulations 2013

Type Statutory-Instrument
Publication 2013-07-16
Last updated 2026-02-25
State In force
Department King's Printer of Acts of Parliament
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articles Not indexed
Reform history JSON API
126

S.I. 2001/1228. Regulation 15 was amended by S.I. 2003/2066, S.I. 2011/1265 and S.I. 2013/472.

127

S.I. 2001/1783. Regulation 1 was amended by S.I. 2003/1476, S.I. 2003/2066, S.I. 2006/3221 and S.I. 2011/1613. Regulation 2 was amended by S.I. 2003/1476, S.I. 2003/2066 and S.I. 2011/1613. Regulations 3 and 4 were amended by S.I. 2003/1476 and S.I. 2003/2066.

128

S.I. 2001/2188. In regulation 2, the definition of “single market restrictions” was amended by S.I. 2013/504 and the regulation was amended by other instruments that are not relevant here. In regulation 9, paragraph (2) was amended by S.I. 2004/3379, S.I. 2006/3221, S.I. 2006/3413, S.I. 2007/3255 and S.I. 2011/1613, and paragraph (2A) was inserted by S.I. 2003/693 and amended by S.I. 2004/3379.

129

OJ L 281 23/11/95, p.31.

130

S.I. 2001/2509. Regulation 5 was amended by S.I. 2003/2066, S.I. 2004/1862 and S.I. 2007/3255.

131

S.I. 2001/2511. Regulation 2(5) was amended by S.I. 2004/1862, regulation 3(4) was added by S.I. 2003/1473 and regulation 7 was amended by S.I. 2013/642.

134

S.I. 2004/1862. In regulation 1, the definition of “regulated entity” was amended by S.I. 2006/3221, S.I. 2007/126, S.I. 2010/2628, S.I. 2011/1613 and S.I. 2013/472. Regulations 7, 9 and 10 have been amended by various instruments, none of which is relevant here.

135

Paragraph 5(h) is inserted by paragraph 33(4) of Schedule 1 to these Regulations.

136

S.I. 2004/1450. The definition of “non-UCITS retail scheme” was amended by S.I. 2010/582.

138

S.I. 2009/3001. Regulation 74 was amended by S.I. 2011/1211.

143

OJ L 326, 8.12.2011, p.113.

Editorial notes

145

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).

146

Paragraph 2 was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and paragraph 2A was inserted by section 29 of that Act.

147

2000 c. 8. Section 429(2) was amended by paragraph 12 of Schedule 15 to the Companies Act 2006 (c. 46), section 178 of the Banking Act 2009 (c. 1) and paragraph 33 of Schedule 2 to the Financial Services Act 2010 (c. 28).

149

Section 14A of the Interpretation Act 1978 (c. 30) (inserted by section 59 of the Enterprise and Regulatory Reform Act 2013 (c. 24)) provides that, where an Act provides a power to make subordinate legislation, that subordinate legislation may include a requirement to review the effectiveness of the legislation.

150

Section 417(1) provides that “prescribed” means prescribed in regulations made by the Treasury. Sections 183 and 188 were substituted by S.I. 2009/534 and section 188 was amended by section 26(2) of the Financial Services Act 2012. Section 213(10) was substituted by S.I. 2011/1613. Section 262 was amended by paragraph 9 of Schedule 18 to the 2012 Act and by S.I. 2001/1265. Section 349 was amended by paragraph 19 of Schedule 12 to the 2012 Act and by other provisions not relevant here. Paragraph 13(1)(b) of Schedule 3 was amended by S.I. 2007/126. Paragraph 14(1)(b) of Schedule 3 was amended by S.I. 2003/1473 and 2003/2066. Paragraph 22 of Schedule 3 was amended by paragraph 14 of Schedule 4 to the 2012 Act.

151

Section 785 was amended by section 112 of the Financial Services Act 2012 (c. 21).

152

In section 237(3) the definition of “authorised contractual scheme” was inserted by S.I. 2013/1388.

153

OJ L 83, 22.3.2013, p.1.

154

OJ L 174, 1.7.2011, p.1.

155

OJ L 115, 25.4.2013, p.18.

156

OJ L 115, 25.4.2013, p.1.

158

Section 191G was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012.

159

OJ L 235, 23.9.2003, p.10.

160

OJ L 235, 23.9.2003, p.10.

161

Sections 55A to 55Z4 were substituted by section 11(2) of the Financial Services Act 2012.

162

1986 c. 46. Section 1(1) was amended by section 204(1) and (3) of the Enterprise Act 2002 (c. 40) and section 5(1) of the Insolvency Act 2000 (c. 39).

163

Section 22 was amended by section 7 of the Financial Services Act 2012.

164

Article 76 was amended by S.I. 2011/2687.

165

OJ L 124, 20.5.2003, p. 36.

167

S.R. (NI) 2005 No. 47.

168

For companies registered under the Companies Act 2006 (c. 46), provisions about annual reports are contained in Part 15 of that Act.

170

Section 165 was amended by paragraph 15 of Schedule 2 to the Financial Services Act 2010 and paragraph 1 of Schedule 12 to the Financial Services Act 2012.

171

Section 66 was substituted by paragraph 5 of Schedule 12 to the Financial Services Act 2012.

172

Section 167 was amended by paragraph 7 of Schedule 12 to the Financial Services Act 2012 and by S.I. 2007/126.

173

Section 205 was amended by paragraphs 1 and 11 of Schedule 9 to the Financial Services Act 2012.

174

Section 206 was amended by section 10 of the Financial Services Act 2010 and by paragraphs 1 and 12 of Schedule 9 to the Financial Services Act 2012.

175

Section 169 was amended by paragraph 9 of Schedule 12 to the Financial Services Act 2012.

176

Section 170 was amended by paragraph 10 of Schedule 12 to the Financial Services Act 2012.

177

Section 171 was amended by S.I. 2007/126.

178

Section 174 was amended by paragraph 12 of Schedule 12 to the Financial Services Act 2012.

179

Section 175 was amended by paragraph 13 of Schedule 12 to the Financial Services Act 2012.

180

Section 176 was amended by paragraph 17 of Schedule 2 to the Financial Services Act 2010, paragraph 14 of Schedule 12 to the Financial Services Act 2012 and S.I. 2005/1433.

181

Section 176A was inserted by paragraph 15 of Schedule 12 to the Financial Services Act 2012.

182

Section 177 was amended by paragraph 8 of Schedule 8 to the Financial Services Act 2012 and S.I. 2001/1090.

183

Sections 207 to 211 were amended by paragraphs 18, 19 and 20 of Schedule 2 to the Financial Services Act 2010 and by paragraphs 1, 14, 15, 16, 17 and 18 of Schedule 9 to the Financial Services Act 2012. Schedule 1ZA was substituted by Schedule 3 to the 2012 Act.

184

OJ L 345, 31.12.2003, p.64.

185

Article 51ZD is substituted by paragraph 1(12) of Schedule 2 to these Regulations.

186

Article 51(1)(bb) was inserted by S.I. 2013/1388. Articles 51ZA to 51ZG are substituted for article 51 by paragraph 1(12) of Schedule 2 to these Regulations.

187

Section 20(1) was amended, and subsection (1A) was inserted, by paragraph 2 of Schedule 9 to the Financial Services Act 2012.

188

Article 42A is inserted by paragraph 1(10) of Schedule 2 to these Regulations.

189

Paragraph 11 is inserted by paragraph 1(17) of Schedule 2 to these Regulations.

190

Sections 1A and 1L were substituted by section 6 of the Financial Services Act 2012.

191

OJ L 177, 30.6.2006, p.201.

192

Section 59 was amended by section 14 of, and paragraph 3 of Schedule 5 to, the Financial Services Act 2012, and by S.I. 1012/1906.

193

Section 66(2) was substituted by paragraph 14 of Schedule 5 to the Financial Services Act 2012.

194

Section 168(4) was amended by paragraph 33 of Schedule 7 to the Counter-Terrorism Act 2008 (c. 28), paragraph 16 of Schedule 2 to the Financial Services Act 2010 and paragraph 8 of Schedule 12 to the Financial Services Act 2012, and by S.I. 2007/126 and S.I. 2012/2554.

195

Section 193(1) was amended by paragraph 31 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2011/1613.

196

Section 195A was inserted by S.I. 2007/126, substituted by S.I. 2011/1613, and amended by paragraph 35 of Schedule 4 to the Financial Services Act 2012 and S.I. 2012/916.

197

Section 199 was amended by paragraph 39 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613, S.I. 2012/916 and S.I. 2012/2015.

198

Section 204A was inserted by paragraph 10 of Schedule 9 to the Financial Services Act 2012.

199

Section 237 was amended by paragraph 9 of Schedule 18 to the Financial Services Act 2012 and by S.I. 2011/1613.

200

Section 261D was inserted by S.I. 2013/1388.

201

Sections 270 and 271 were amended by paragraphs 9 and 16 of Schedule 18 to the Financial Services Act 2012.

202

Sections 272 and 277 to 281 were amended by paragraph 9 of Schedule 18 to the Financial Services Act 2012.

203

Section 380 was amended by paragraph 19 of Schedule 9 to the Financial Services Act 2012.

204

Section 382 was amended by paragraph 21 of Schedule 9 to the Financial Services Act 2012.

205

Section 384 was amended by paragraph 23 of Schedule 9 to the Financial Services Act 2012 and S.I. 2007/126.

206

Section 398 was amended by paragraph 36 of Schedule 9 to the Financial Services Act 2012.

207

OJ L 115, 25.4.2013, p.1.

208

OJ L 115, 25.4.2013, p.18.

209

Section 417(1) was amended by paragraph 16 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16), section 964 of the Companies Act 2006 (c. 46), section 174 of the Banking Act 2009 (c. 1), paragraph 31 of Schedule 2 to the Financial Services Act 2010 and section 49 of the Financial Services Act 2012, and by S.I. 2002/1775, S.I. 2007/126, S.I. 2009/1941, S.I. 2010/22, S.I. 2012/916, S.I. 2012/1809, S.I. 2012/1906, S.I. 2012/2554 and S.I. 2013/504.

210

Section 425 was amended by S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/2975, S.I. 2007/126, S.I. 2007/3253 and S.I. 2012/1906.

211

Schedule 1ZA was substituted for Schedule 1 by section 6 of, and Schedule 3 to, the Financial Services Act 2012.

212

Paragraph 1 was amended by S.I. 2000/2952, S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2007/3253.

213

Paragraph 4D was inserted by S.I. 2012/1906.

214

Paragraph 5 was amended by S.I. 2003/1473, S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/3221, S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613 and S.I. 2012/1906.

215

Paragraphs 5A, 7A and 10A were inserted by S.I. 2003/1473.

216

Paragraph 11C was inserted by S.I. 2011/1613.

217

Paragraph 13 was amended by paragraph 2 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2012/1906.

218

Paragraph 14 was amended by paragraph 3 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2012/1906.

219

Paragraph 19 was amended by paragraph 10 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/3253, S.I. 2011/1613, S.I. 2012/916 and S.I. 2012/1906.

220

Paragraph 20 was amended by paragraph 11 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2001/1376, S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613 and S.I. 2012/1906.

221

Paragraph 20B was inserted by S.I. 201/1613 and amended by paragraph 13 of Schedule 4 to the Financial Services Act 2012.

222

Paragraph 28 was amended by paragraph 21 of Schedule 4 to the Financial Services Act 2000.

223

Schedule 5 was amended by S.I. 2003/2066.

224

Parts 1A to 1G of Schedule 6 were substituted by S.I. 2013/555.

225

2008 c. 12 (N.I.); see section 185 and paragraph 1 of Schedule 9.

228

1973 c. 41. Section 118(6A) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

229

1989 c. 40. Section 176(8) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

230

1994 c. 23. Item 9 and note (6) of Group 5 were substituted by S.I. 2008/2547.

231

2000 c. 11. Paragraph 6(1A) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

234

Section 277A is inserted by paragraph 21 of this Schedule.

235

The definition of “overseas person” was amended by S.I. 2003/1475, S.I. 2003/1476, S.I. 2006/2383, S.I. 2006/3384 and S.I. 2009/1342. Other amendments to article 3 are not relevant here.

236
237

Article 16 was amended by S.I. 2006/3384.

238

Articles 9AA, 51A, 52A, 58A and 60A were inserted by S.I. 2002/1776.

239

Article 12A was inserted by S.I. 2002/1776.

240

Articles 20 and 50 were amended by S.I. 2002/1776.

241

Articles 36(2) and 55(2) were added by S.I. 2003/1475 and amended by S.I. 2006/2383 and S.I. 2009/1342.

242

Article 63A was inserted by S.I. 2002/1776 and substituted by S.I. 2003/1475.

243
244
246

Articles 36(1) and 55(1) were amended by S.I. 2002/1776, S.I. 2003/1475 and S.I. 2003/1476.

247

Article 39C was inserted by S.I. 2003/1476.

248
249

Articles 39 and 44 were amended by S.I. 2002/1776 and S.I. 2003/1476.

250

Article 51A was inserted by S.I. 2002/1776.

251

Article 64 was amended by S.I. 2002/682, S.I. 2006/3384 and S.I. 2009/1389.

253

Article 72E was inserted by S.I. 2005/1518 and amended by S.I. 2006/3384 and S.I. 2007/2157.

254

Article 72A was inserted by S.I. 2002/1776 and amended by 2004/3379.

255
256

OJ L 235, 23.9.2003, p10.

257

S.I. 1975/1023. The definition of “relevant collective investment scheme” in article 2(1) was inserted, and article 4(d) was substituted, by S.I. 2001/3816. Article 4 was further amended by S.I. 2013/472, S.I. 2013/1198 and other instruments not relevant here.

258

S.I. 1990/1504 (N.I. 10). Article 98(8) was inserted by S.I. 2001/3649.

259

S.I. 1998/1870. The definition of “non-UCITS retail scheme” was inserted by S.I. 2005/3350 and amended by S.I. 2008/704 and S.I. 2009/1994.

260

S.I. 2001/1060. Article 2 was amended by S.I. 2002/1310 and S.I. 2005/2114.

261

S.I. 2001/1062. Paragraph 5(2)(a) was amended by S.I. 2006/3384.

262

S.I. 2001/1177. Article 3 was amended by S.I. 2003/1476, S.I. 2006/1969 and S.I. 2006/3384.

263

S.I. 2001/1201. Article 5 was amended by S.I. 2003/1675, S.I. 2006/1969 and S.I. 2007/125.

264

S.I. 2001/1227. Article 4 was amended by S.I. 2001/3650, S.I. 2002/682, S.I. 2004/2737, S.I. 2006/1969 and S.I. 2012/1906.

265

S.I. 2001/1228. Regulation 15 was amended by S.I. 2003/2066, S.I. 2011/1265 and S.I. 2013/472.

266

S.I. 2001/1783. Regulation 1 was amended by S.I. 2003/1476, S.I. 2003/2066, S.I. 2006/3221 and S.I. 2011/1613. Regulation 2 was amended by S.I. 2003/1476, S.I. 2003/2066 and S.I. 2011/1613. Regulations 3 and 4 were amended by S.I. 2003/1476 and S.I. 2003/2066.

267

S.I. 2001/2188. In regulation 2, the definition of “single market restrictions” was amended by S.I. 2013/504 and the regulation was amended by other instruments that are not relevant here. In regulation 9, paragraph (2) was amended by S.I. 2004/3379, S.I. 2006/3221, S.I. 2006/3413, S.I. 2007/3255 and S.I. 2011/1613, and paragraph (2A) was inserted by S.I. 2003/693 and amended by S.I. 2004/3379.

268

OJ L 281 23/11/95, p.31.

269

S.I. 2001/2511. Regulation 2(5) was amended by S.I. 2004/1862, regulation 3(4) was added by S.I. 2003/1473 and regulation 7 was amended by S.I. 2013/642.

272

S.I. 2004/1862. In regulation 1, the definition of “regulated entity” was amended by S.I. 2006/3221, S.I. 2007/126, S.I. 2010/2628, S.I. 2011/1613 and S.I. 2013/472. Regulations 7, 9 and 10 have been amended by various instruments, none of which is relevant here.

273

Paragraph 5(h) is inserted by paragraph 33(4) of Schedule 1 to these Regulations.

274

S.I. 2004/1450. The definition of “non-UCITS retail scheme” was amended by S.I. 2010/582.

276

S.I. 2009/3001. Regulation 74 was amended by S.I. 2011/1211.

281

OJ L 326, 8.12.2011, p.113.

283
285

Word in reg. 71(5)(e) omitted (16.6.2014) by virtue of The Alternative Investment Fund Managers Order 2014 (S.I. 2014/1292), arts. 1(2), 4(4)(a) (as amended by S.I. 2014/1313, arts. 1, 2(a))

286

Reg. 71(5)(g) and preceding word added (16.6.2014) by The Alternative Investment Fund Managers Order 2014 (S.I. 2014/1292), arts. 1(2), 4(4)(b) (as amended by S.I. 2014/1313, arts. 1, 2(a))

289
290

Reg. 74(4)-(6) substituted for reg. 74(4) (16.6.2014) by The Alternative Investment Fund Managers Order 2014 (S.I. 2014/1292), arts. 1(2), 4(6)(b) (as amended by S.I. 2014/1313, arts. 1, 2(a))

291
294
296
310

Words in reg. 2(1) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 4(2)

311

Pt. 3C inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 4(3)

313

Words in reg. 78A substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 3(a)

314

Words in reg. 78B substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 3(b)

315

Words in reg. 78C substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 3(c)

319

Reg. 30 excluded (31.12.2020) by Regulation (EU) 760/2015, Art. 29(2) (as amended by The Long-term Investment Funds (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/336), regs. 1(3), 34(3) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1))

320

Reg. 32 excluded (31.12.2020) by Regulation (EU) 760/2015, Art. 29(2) (as amended by The Long-term Investment Funds (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/336), regs. 1(3), 34(3) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1))

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