To EU, or not to EU: That is the AIFMD Question
Journal of International Banking Law and Regulation, (2014) Volume 29, Issue 2, pp.82-102
32 Pages Posted: 4 Feb 2014 Last revised: 28 Jun 2014
Date Written: January 7, 2014
This article provides a critical and evaluative analysis of The Alternative Investment Fund Managers Directive 2011/61/EU (AIFMD), with a view to helping readers form a response to the crucial AIFMD question: Should third country (non-European Union) Alternative Investment Fund Managers (AIFMs) opt-in to the new AIFMD regime or not? The article will critically discuss arguments in favour of, and against hedge fund regulation, as well as providing an overview of the key AIFMD operational provisions. It will also critically review the AIFMD question for third party (non-European Union) AIFMs, by analysing a number of different arguments both in favour of, and against, the AIFMD provisions.
Keywords: hedge funds, financial regulation, European Union, European Union law, Directive, systemic risk
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