The Alternative Investment Fund Managers Directive (AIFMD) may be the
most important European asset management regulation of the early 21st
century. However, a preponderance of practitioners and academics in
the field argue that, in its present form, the directive is seriously
out of touch with both the system of European financial law and
industry practice. In this first in-depth analytical and critical
discussion of the content and system of the directive, thirty-four
contributing authors – academics, lawyers, consultants, fund
supervisors, and fund industry experts – examine the AIFMD from
every angle. They cover structure, regulatory history, scope,
appointment and authorization of the manager, rules on delegation,
reporting requirements, transitional provisions, and the objectives
stipulated in the recitals and other official documents. The
challenging implications and contexts they examine include the
following: connection with systemic risk and the financial crisis;
impact on money laundering and financial crime; nexus with insurance
for negligent conduct; connection with corporate governance doctrine;
risk management; transparency; the cross-border dimension; liability
for lost assets; and impact on alternative investment strategies. Ten
country reports add a national perspective to the discussion of the
European regulation. These chapters deal with the potential
interactions among the AIFMD and the relevant laws and regulations of
Italy, Switzerland, Luxembourg, The Netherlands, Austria,
Liechtenstein, the United Kingdom, Germany, France, and Ireland. The
former are Europe’s most vibrant financial centres and markets.
Designed to spur a critical attitude towards the emerging new European
financial markets framework presaged by the AIFMD, this much-needed
discussion not only elaborates on the inconsistencies and difficulties
sure to be encountered when applying the directive, but also provides
potential solutions to the problems it raises. The book will be warmly
welcomed by investors and their counsel, fund managers, depositaries,
asset managers, and administrators, as well as academics in the field.
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Produktdetaljer
ISBN
9789041147998
Publisert
2020
Utgiver
Vendor
Kluwer Law International B.V
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter