Conditions for AIF capital management companies managing non-EU AIF that are not distributed in the Member States of the European Union or the contracting states of the Agreement on the European Economic Area

(1) The management of non-EU AIF that are not distributed in the Member States of the European Union or the contracting states of the Agreement on the European Economic Area, by an AIF capital management company authorised under this Act, is permissible where 1. the AIF capital management company satisfies all the requirements laid down in Directive 2011/61/EU for these AIF, with the exception of the requirements of sections 67 and 80 to 90, and 2. suitable cooperation arrangements exist between the Federal Institute and the supervisory authorities of the third country in which the non-EU AIF has its seat, ensuring an efficient exchange of information that enables the Federal Institute to perform its tasks under this Act.
(2) Further provisions on the cooperation arrangements named in subsection (1), point 2, are governed by Articles 113 to 115 of Delegated Regulation (EU) No 231/2013, and by the guidelines of the European Securities and Markets Authority.