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What is AIFMD filing?

Posted on October 18, 2022 by David Darling

Table of Contents

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  • What is AIFMD filing?
  • What is AIFMD leverage?
  • What does AIFMD stand for?
  • What is AIFMD Annex IV reporting?
  • What is Form PF?
  • Why was AIFMD introduced?
  • What are the AIFM’s Article 23 disclosures?
  • What are the rules for AIFMs in the EU?

What is AIFMD filing?

Key Takeaways. The Alternative Investment Fund Managers Directive (AIFMD) is a regulatory framework that applies to EU-registered hedge funds, private equity funds, and real estate investment funds.

What is AIFMD leverage?

It defines leverage as “any method by which the AIFM increases the exposure of an AIF it manages whether through borrowing of cash securities, or leverage embedded in derivative positions or by any other means”.

Who can be an AIFM?

An AIFM is defined as an entity that provides, at a minimum, portfolio management and risk management services to one or more AIFs as its regular business irrespective of where the AIFs are located or what legal form the AIFM takes.

What is the difference between UCITS and AIFMD?

The key difference between the two texts is that UCITS requires a “risk management process” that “enables it to monitor, measure at any time” whereas the AIFMD legislation require “risk management systems” that will be used “in order to identify, measure, manage and monitor all risks … to which each AIF is or may be …

What does AIFMD stand for?

Alternative Investment Fund Managers Directive
Alternative Investment Fund Managers Directive (AIFMD)

What is AIFMD Annex IV reporting?

Under Annex IV of AIFMD, all authorised and registered fund managers must report transparency information on their funds to local regulators for each country they market in. But this isn’t a simple process – reporting requirements differ for each jurisdiction and the nature of the fund.

Can an AIFM manage a Ucits?

No, for the purpose of determining additional own funds to cover professional liability risks the management of UCITS is excluded because Article 9(7) refers to activities that AIFMs may carry out pursuant to the AIFMD.

What are the types of AIF?

Currently, the AIF Regulations provide for three categories of funds: – Category I Alternative Investment Fund; – Category II Alternative Investment Fund; and – Category III Alternative Investment Fund.

What is Form PF?

Form PF is a US Securities and Exchange Commission regulatory filing requirement that mandates private fund advisers report regulatory assets under management to the Financial Stability Oversight Council, in order to monitor risks to the US financial system.

Why was AIFMD introduced?

The objective of the AIFMD is to introduce safeguards to increase the transparency of this type of investment towards the employees of the companies acquired and the public at large and to address potential risks to portfolio companies acquired by private equity funds, while minimising any competitive distortions that …

What is AIFMD Annex IV?

Firms marketing their funds into, or managing funds from, the European Economic Area (EEA) are required to complete transparency reporting, often referred to as Annex IV reporting. This is required regardless of where in the world firms or their funds are based.

Who Files Form PF?

SEC-registered investment advisers
Form PF is required to be filed on a quarterly or annual basis by SEC-registered investment advisers (and those required to be SEC-registered) who manage any number of private funds with at least $150 million in private fund assets under management as of the adviser’s most recent fiscal-year end.

What are the AIFM’s Article 23 disclosures?

Under the Sustainable Finance Disclosure Regulation (“ SFDR ”), in addition to the items set out above, an AIFM’s Article 23 disclosures must also include: a description of whether and if so the manner in which sustainability risks are integrated into the AIFM’s investment decisions;

What are the rules for AIFMs in the EU?

1. AIFMs shall for each of the EU AIFs that they manage and for each of the AIFs that they market in the Union make available to AIF investors, in accordance with the AIF rules or instruments of incorporation, the following information before they invest in the AIF, as well as any material changes thereof: …

What are the SFDR’s disclosure requirements for AIFMs?

The disclosure should include details such as portfolio composition, turnover, use of proxy advisors and the manager’s policy on securities lending. As well as the additional Article 23 and Article 22 disclosures that will be imposed on AIFMs, the SFDR also requires AIFMs to make the following disclosures on their websites:

What is AIFMD disclosure and reporting?

AIFMD Disclosure and Reporting Obligations AIFMD imposes requirements for information to be given to investors and regulators, both in the marketing process and on an ongoing basis.

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