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CP12/32: Implementation of the Alternative ... - BVCA admin

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November 2012<br />

Limited scope for discretion<br />

Maximum harmonisation<br />

<strong>CP12</strong>/<strong>32</strong><br />

<strong>Implementation</strong> <strong>of</strong> <strong>the</strong> <strong>Alternative</strong> Investment Fund Managers Directive<br />

This consultation does not reopen discussions on policy decisions (as set out in<br />

<strong>the</strong> Directive and reflected in our proposed rules) which have been agreed by all<br />

Member States under EU processes.<br />

Copy-out<br />

We have taken a coherent copy-out approach to transposition, following <strong>the</strong><br />

words <strong>of</strong> <strong>the</strong> Level 1 text as closely as possible while trying to ensure that rules<br />

and guidance are expressed in clear language and organised in a logical way.<br />

Where we have discretion<br />

Where Member State discretion is given in <strong>the</strong> Directive or we have policy choices<br />

to make, such as for prudential and depositary requirements, we invite comment<br />

on our policy proposals as explained in <strong>the</strong> relevant sections and reflected in <strong>the</strong><br />

proposed rules.<br />

CP closing date<br />

You have 11 weeks to send us your responses, by 1 February 2013.<br />

CONSUMERS<br />

AIFMD is mainly directed at firms <strong>of</strong>fering asset management services to<br />

pr<strong>of</strong>essional investors. Many <strong>of</strong> <strong>the</strong>se firms do not promote <strong>the</strong>ir products or<br />

services to consumers more generally.<br />

However, given that one <strong>of</strong> <strong>the</strong> main objectives <strong>of</strong> AIFMD is to achieve an<br />

appropriate level <strong>of</strong> investor protection for retail, pr<strong>of</strong>essional and institutional<br />

investors, our proposals may be <strong>of</strong> wider interest to consumers.<br />

Financial Services Authority 13

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