Consultation on Draft regulatory technical standards on types of AIFMs

Article 4(4) of the AIFMD (see Annex II to this paper for the full text of this Article) provides that ESMA shall develop draft regulatory technical standards (RTS) to determine types of AIFMs, where relevant in the application of the AIFMD, and to ensure uniform conditions of application of the AIFMD. On 23 February 2012, ESMA published a discussion paper on key concepts of the Alternative Investment Fund Managers Directive and types of AIFM (ESMA/2012/117) which covered a number of topics relevant for the development of the draft RTS. This consultation paper represents the next stage in the development of the draft RTS and sets out formal proposals for their content on which ESMA is seeking the views of external stakeholders. ESMA may consider developing in the future further draft RTS in order to establish additional typologies of AIFMs where relevant in the application of the AIFMD.
A separate consultation paper on guidelines on key concepts of the AIFMD (ESMA/2012/845) follows up on some of the other topics covered by the discussion paper published last February which are not covered by this consultation paper.