S.L. 370.34 Art. 4AIFs.

(1) An AIF in relation to which a notification may be submitted in terms of these regulations may be established using any one of the following structures:

(a) an investment company with variable share capital under the Companies Act (Investment Companies with Variable Share Capital) Regulations;

(b) an investment company with fixed share capital under the Companies Act (Investment Companies with Fixed Share Capital) Regulations;

(c) an incorporated cell company under the Companies

Act (SICAV Incorporated Cell Company) Regulations;

(d) an incorporated cell of a Recognised Incorporated Cell

Company under the Companies Act (Recognised Incorporated Cell Companies) Regulations;

(e) a limited partnership under the Companies Act;

(ea) a special limited partnership fund under the Investment Services Act (Special Limited Partnership Funds) Regulations;

(f) a unit trust under the Trusts and Trustees Act; or

(g) a contractual fund under the Investment Services Act

(Contractual Fund) Regulations.

(2) The AIF can be established as an open-ended or a closed-ended collective investment scheme as defined in Regulation (EU) No 694/2014.

(3) The AIFM shall not submit a notification, in terms of regulation 6, to the competent authority for the following categories of collective investment schemes:

(a) AIFs which are not externally managed by an AIFM;

(b) AIFs which are not marketed and sold exclusively to professional and, or qualifying investors; (c) Repealed by Legal Notice 240 of 2021.

(d) AIFs which invest in non-eligible assets as laid down in Investment Services Rules.

(4) For the better carrying out of the provisions of these regulations, the competent authority may issue and publish Investment Services Rules laying down additional requirements in relation to the conditions for inclusion and retention of AIFs on the List of Notified AIFs including but not limited to the conditions related to the notification of specific categories of AIFs.