competent authorities

Defined in Article 4, Alternative Investment Fund Managers Directive (AIFMD)

Uses as of 15/06/2016

Definitions over time (2)

1. 26/06/2021 – today Article 4, Alternative Investment Fund Managers Directive (AIFMD) Scope: Whole act

   For the purpose of this Directive, the following definitions shall apply:

   ‘competent authorities’ in relation to a depositary means: if the depositary is a credit institution authorised under Directive 2006/48/EC, the competent authorities as defined in point (4) of Article 4 thereof; if the depositary is an investment firm authorised under Directive 2004/39/EC, the competent authorities as defined in point (22) of Article 4(1) thereof; if the depositary falls within a category of institution referred to in point (c) of the first subparagraph of Article 21(3) of this Directive, the national authorities of its home Member State which are empowered by law or regulation to supervise such categories of institution; if the depositary is an entity referred to in the third subparagraph of Article 21(3) of this Directive, the national authorities of the Member State in which that entity has its registered office and which are empowered by law or regulation to supervise such entity or the official body competent to register or supervise such entity pursuant to the rules of professional conduct applicable thereto; if the depositary is appointed as depositary for a non-EU AIF in accordance with point (b) of Article 21(5) of this Directive and does not fall within the scope of points (i) to (iv) of this point, the relevant national authorities of the third country where the depositary has its registered office;

2. 20/06/2013 – 13/01/2019 applies on 15/06/2016 Article 4, Alternative Investment Fund Managers Directive (AIFMD) Scope: Whole act

   For the purpose of this Directive, the following definitions shall apply:

   ‘competent authorities’ in relation to a depositary means: if the depositary is a credit institution authorised under Directive 2006/48/EC, the competent authorities as defined in point (4) of Article 4 thereof; if the depositary is an investment firm authorised under Directive 2004/39/EC, the competent authorities as defined in point (22) of Article 4(1) thereof; if the depositary falls within a category of institution referred to in point (c) of the first subparagraph of Article 21(3) of this Directive, the national authorities of its home Member State which are empowered by law or regulation to supervise such categories of institution; if the depositary is an entity referred to in the third subparagraph of Article 21(3) of this Directive, the national authorities of the Member State in which that entity has its registered office and which are empowered by law or regulation to supervise such entity or the official body competent to register or supervise such entity pursuant to the rules of professional conduct applicable thereto; if the depositary is appointed as depositary for a non-EU AIF in accordance with point (b) of Article 21(5) of this Directive and does not fall within the scope of points (i) to (iv) of this point, the relevant national authorities of the third country where the depositary has its registered office;

Used in (476 places in 72 provisions on 15/06/2016)

Alternative Investment Fund Managers Directive (AIFMD) (476 in 72)

Recital 11² · Recital 17 · Recital 35 · Recital 49 · Recital 50 · Recital 51 · Recital 52 · Recital 56 · Recital 63² · Recital 64² · Recital 67³ · Recital 68 · Recital 69⁴ · Recital 72⁴ · Recital 73 · Recital 74 · Recital 76 · Recital 79 · Recital 80 · Recital 83 · Recital 84² · Recital 91² · Recital 92 · Article 3⁷ · Article 4⁵ · Article 5⁶ · Article 6 · Article 7⁷ · Article 8⁸ · Article 9 · Article 10⁴ · Article 11 · Article 12 · Article 15² · Article 18 · Article 19² · Article 20⁴ · Article 21¹⁰ · Article 22 · Article 24⁸ · Article 25²⁰ · Article 27² · Article 28³ · Article 31⁹ · Article 32¹³ · Article 33¹⁰ · Article 34² · Article 35²⁸ · Article 36² · Article 37⁹⁴ · Article 38¹⁰ · Article 39¹⁹ · Article 40²⁸ · Article 41¹¹ · Article 42⁶ · Article 44³ · Article 45²⁶ · Article 46⁴ · Article 47¹⁸ · Article 48² · Article 49 · Article 50¹⁵ · Article 51³ · Article 52⁸ · Article 53⁴ · Article 54⁹ · Article 55⁴ · Article 61² · Article 67⁶ · Article 68⁷ · Article 69 · Annex II