Version in force , Modified +13 −14§
Amended by Regulation (EU) 2023/606 32023R0606 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2023/2869 32023R2869 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
In point (a) of Article 31(4)(1), a semicolon was replaced with a semicolon followed by 'and' at the end of the sentence listing the prospectus requirement.
In point (b), the trailing 'and' following the key information document requirement was removed, with the sentence now ending in a full stop.
Cited: Art. 31, v2 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version 32015R0760 → this version, in force 10 January 2024 02015R0760-20240110
Article 31
Marketing of units or shares of ELTIFs
1. The manager of an ELTIF shall be able to market the units or shares of that ELTIF to professional and retail investors in its home Member State upon notification in accordance with Article 31 of Directive 2011/61/EU.
2. The manager of an ELTIF shall be able to market the units or shares of that ELTIF to professional and retail investors in Member States other than in the home Member State of the manager of the ELTIF upon notification in accordance with Article 32 of Directive 2011/61/EU.
3. The manager of an ELTIF shall, in respect of each ELTIF that it manages, specify to competent authorities whether or not it intends to market the ELTIF to retail investors.
4. In addition to the documentation and information required pursuant to Articles 31 and 32 of Directive 2011/61/EU, the manager of the ELTIF shall provide competent authorities with the following:
(a) the prospectus of the ELTIF;
and
(b) the key information document of the ELTIF in the event that it is marketed to retail investors; and investors.
(c) information on the facilities referred to in Article 26.
5. The competences and powers of the competent authorities pursuant to Articles 31 and 32 of Directive 2011/61/EU shall be understood to refer also to the marketing of ELTIFs to retail investors and to cover the additional requirements laid down in this Regulation.
6. In addition to its powers set out in the first subparagraph of Article 31(3) of Directive 2011/61/EU, the competent authority of the home Member State of the manager of the ELTIF shall also prevent the marketing of an ELTIF if the manager of the ELTIF does not or will not comply with this Regulation.
7. In addition to its powers set out in the first subparagraph of Article 32(3) of Directive 2011/61/EU, the competent authority of the home Member State of the manager of the ELTIF shall also refuse the transmission of a complete notification file to the competent authorities of the Member State where the ELTIF is intended to be marketed if the manager of the ELTIF does not comply with this Regulation.