A foreign EEA-based AIF manager, who has such authorisation in its home member state as referred to in the AIFM Directive may, following authorisation from FI under Chapter 5, Section 5 LAIF, market units or shares in a non-EEA-based alternative investment fund managed by a manager in Sweden to professional investors in Sweden. The same applies if the AIF manager wants to market units or shares in a feeder fund to an alternative investment fund managed by a manager whose master fund, or its manager, is not based within the EEA.
The application should include
1. a certificate from the competent authority in the manager's home member state stating that the AIF manager has authorisation in its home member state as referred to the AIFM Directive,
2. a business plan with information about the fund that will be marketed and where it is established,
3. the fund's fund rules, articles of association or equivalent regulations,
4. information identifying the fund's depositary,
5. information about where the master fund is established, if the marketing refers to a feeder fund to an alternative investment fund,
6. the information set out in Article 23 of the AIFM Directive, and
7. information about the measures the AIF manager has adopted and taken to prevent units and shares in the alternative investment fund from being marketed to retail investors.
Where the requirements on depositaries under Chapter 9 LAIF are not fulfilled and the AIF manager has ensured that one or more units has/have been appointed to perform the tasks in accordance with Chapter 9, Sections 9, 10 and 12 LAIF, the application shall include the following instead of information identifying the fund's depositary under item 4 above:
- information regarding the name, legal form, registered office and primary business for the party responsible for performing the tasks, and
- a description of how the party referred to in the aforementioned item has the knowledge and resources required to perform the tasks in a satisfactory manner.
A fee of SEK 22,000 is to be paid to FI in conjunction with the application to bank giro 5050-6922. Indicate what the payment relates to as a message/reference.
FI normally makes a decision within 60 days subject to the precondition that the application is complete. FI will start processing the matter when the fee has been paid.