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Chapter III · OPERATING CONDITIONS FOR AIFMs  ›  Section 1 · General principles › Article 19

Due diligence when investing in assets of limited liquidity

1.   Where AIFMs invest in assets of limited liquidity and where such investment is preceded by a negotiation phase, they shall, in relation to the negotiation phase, in addition to the requirements laid down in Article 18:

(a)

set out and regularly update a business plan consistent with the duration of the AIF and market conditions;

(b)

seek and select possible transactions consistent with the business plan referred to in point (a);

(c)

assess the selected transactions in consideration of opportunities, if any, and overall related risks, all relevant legal, tax-related, financial or other value affecting factors, human and material resources, and strategies, including exit strategies;

(d)

perform due diligence activities related to the transactions prior to arranging execution;

(e)

monitor the performance of the AIF with respect to the business plan referred to in point (a).

2.   AIFMs shall retain records of the activities carried out pursuant to paragraph 1 for at least five years.

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