4 Amendments of Sven GIEGOLD related to 2018/0041(COD)
Amendment 75 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) In order to facilitate the enforcement of retail investor rights in cases of cross-border marketing of investment funds, Member States should ensure that in cases of mass infringements, retail investors have access to representative legal actions following both national legislation and European legislation in accordance with Directive [XXX ... Representative actions for the protection of the collective interests of consumers].
Amendment 116 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2011/61/EU
Article 4 – paragraph 1 – point aea
Article 4 – paragraph 1 – point aea
(aea) ‘‘pre-marketing’ means a direct or indirect provision of information or communication on investment strategies or investment ideas by an EU AIFM or on its behalf to professional investors domiciled or registered in the Union in order to test their interest in an AIF or in a compartment of an AIF, which is not yet established in that Member State where the investors are domiciled or have their registered office, and which does not amount to an offer or placement to the investor to invest in the units or shares of that AIF or compartment.
Amendment 137 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2011/61/EU
Article 30a – paragraph 3
Article 30a – paragraph 3
3. Subscription by professional investors toAIFMs shall ensure that investors do not acquire units or shares ofin an AIF established following thethrough pre-marketing in accordance with paragraph 1 or to the units or shares of AIFs managed or marketed by the EU AIFM that had engaged inactivities and that investors contacted as part of pre- marketing may only acquire units or shares in that AIF under marketing permitted under Articles 31 or 32. In particular, any subscription by professional investors, within 18 months after the EU AIFM engaged in the pre- marketing, to units or shares of an AIF referred to in the information provided in the context of pre-marketing, or of a not-yet-n AIF established AIF with the similar featuresas a result of the pre- marketing, shall be considered the result of marketing and shall be subject to the applicable notification procedures referred to in Articles 31 and 32.
Amendment 143 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2011/61/EU
Article 30a – paragraph 3a (new)
Article 30a – paragraph 3a (new)
3 a. For the purposes of the paragraph 3, the AIFM shall ensure that its pre- marketing activity is adequately documented. AIFMs shall ensure that information relating to its pre-marketing activities is available, and provided upon request, to its competent authorities after that activity takes place and shall include the reference to the Member States and the period of time in which the pre-marketing activities took place.