The Dutch Authority for Financial Markets (Autoriteit Financiële Markten, the AFM) has called on AIFMs, including those from third countries to file their AIFMD report in line with art. 24 of the Alternative Investment Fund Managers Directive (Directive 2011/61/EU, AIFMD) effective 1 January 2023.

This applies to all non-EU AIFMs who submitted a notification to the AFM under the following:

• Notified an AIF for marketing under an Article 42 AIFMD notification in the Netherlands;
• Notified an AIF for marketing under an Article 36 AIFMD notification in the Netherlands; or
• Notified an AIF for marketing in accordance with the Dutch designated state regime (Section 1:13b(1) and (2) or Section 2:66 of the Dutch Financial Supervision Act (Wet op het financieel toezicht)).

The first AIFMD reports are due to be submitted to the AFM in April 2023 through the AFM Portal, using the ESMA template files.

In preparation, non-EU AIFMs need to first register to create an AFM Portal account.  This can be done by registering a director of the AIFM ahead of the filing. The designated director can then authorise other personnel with permissions to file the AIFMD reports on an ongoing basis.  Further information on setting up an account can be accessed here.

For further details or assistance with these filings, please get in touch.