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Zeidler Group receives regulatory approval for one of the first pre-marketing notification filings in Europe.

3rd September 2021

On 27 August 2021, Zeidler Group received regulatory approval for one of the first pre-marketing notification filings in Europe. 

The notification was submitted to the CSSF as the home state regulator of the AIFM. The pre-marketing will be undertaken in relation to a private equity strategy and will be conducted in several EU Member States including France, Germany, Italy, Belgium, and Luxembourg.  

 As part of Directive (EU) 2019/1160 with regard to cross-border distribution of collective investment undertakings (the “Directive”) effective from 2 August 2021, the new pre-marketing rule harmonises the definition of pre-marketing under AIFMD and the process under which EU AIFMs can engage in pre-marketing.  

Peter Sherwood, Associate at Zeidler Group said: “The new pre-marketing regime is one of the important changes introduced by the Directive as it harmonises the pre-marketing rules for AIFs across the EU and will enable EU AIFMs to test the waters before establishing an AIF or registering an AIF for marketing in certain EU Member States.” 

Sarah Noville, Senior Associate at Zeidler Group added: “For Asset Managers and AIFMs wishing to use this regime, it is important for firms to monitor the varied implementation dates across the various EU Member States and analyse the actual implementation of the Directive. A non-EU AIFM should analyse each EU Member States’ implementation of the Directive to understand if the pre-marketing regime has been extended to non-EU-AIFMs.” 

For additional guidance on this matter read our Pre-Marketing Regime for AIFs Guide, get clarity on each Member States’ implementation progress with our Cross-Border Distribution Directive & Regulation Implementation Tracker and Summary whitepaper or for further assistance in the notification process and/or the review of pre-marketing documents, pleasecontact our team of legal and regulatory experts. 

About Zeidler Group

Zeidler Group is a technology-driven law firm revolutionising the asset management industry. Providing innovative digital solutions to solve complex legal and compliance challenges and bespoke research-based high-quality legal advice, Zeidler Group builds collaborative, strategic, and meaningful partnerships. For more information visit, zeidler.group

Senior Associate

Sarah Noville

Associate

Peter Sherwood