The Implications Of Brexit On Depositaries | Pocketmags.com

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The Implications Of Brexit On Depositaries

The short term and long term picture post-referendum

AUK withdrawal from the European Union (EU) following the 23 June 2016 ‘Brexit’ Referendum has potential implications on the existing requirement for UK Alternative Investment Fund Managers (AIFMs) to appoint, in certain circumstances, a depositary under the Alternative Investment Fund Managers Directive (AIFMD).

To recap, AIFMD introduced a requirement for certain AIFMs to ensure that a depositary is appointed to perform a fiduciary oversight role over the Alternative Investment Funds (AIFs) which they manage. The depositary requirements for UK AIFMs can be summarised as follows:

• Smaller, sub threshold AIFMs (i.e. less than €100m of gross assets for open ended funds, and less than €500m for closed ended funds not employing leverage) are not subject to the depositary requirements.

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