FUND 3.3 Annual report of an AIF

This section applies to a full-scope UK AIFM of:

1. (1)

   a UK AIF; and5

2. (2)

   [deleted]5

3. (3)

   a non-UK AIF5 marketed in the UK.

An AIFM must, for each UK AIF 5it manages and for each AIF it markets in the UK:

1. (1)

   make an annual report available to investors for each financial year;

2. (2)

   provide the annual report to investors on request; and

3. (3)

   make the annual report available to the FCA5.

[Note: article 22(1) first paragraph and article 24(3)(a) of AIFMD]

Subject to FUND 3.3.4R (2) and FUND 3.3.4AR4, an AIFM must make the annual report available, in line with FUND 3.3.2R (1), no later than six months after the end of the financial year.

[Note: article 22(1) first paragraph of AIFMD]

1. (1)

   Where the AIF is required to make an annual financial report public under DTR 4.1.3 R (Publication of annual financial reports) or an equivalent provision in the country where the AIF is established5, only information referred to in FUND 3.3.5 R that is additional to the annual financial report needs to be provided to investors on request, either separately or as an additional part of the annual financial report.

2. (2)

   Where additional information in (1) is provided as an addition to the annual financial report, that report must be made public no later than four months following the end of the financial year, under DTR 4.1.3 R (Publication of annual financial reports) or an equivalent provision in the country where the AIF is established5.

   [Note: second paragraph, article 22(1) of AIFMD]

4FUND 3.3.3R does not apply to a full-scope UK AIFM of a non-UCITS retail scheme.

The annual report must contain:

1. (1)

   a balance sheet or a statement of assets and liabilities;

2. (2)

   an income and expenditure account for the financial year;

3. (3)

   a report on the activities of the financial year;

4. (4)

   any material changes in the information required to be made available to investors under FUND 3.2.2 R (Prior disclosure of information to investors) during the financial year covered by the report;

5. (5)
   1. (a)

      the total amount of remuneration paid by the AIFM to its staff for the financial year, split into fixed and variable remuneration, including, where relevant, any carried interest paid by the AIF; and

   2. (b)

      the number of beneficiaries; and

6. (6)

   the aggregate amount of remuneration broken down by senior management and members of staff2 of the AIFM whose actions have a material impact on the risk profile of the AIF.2

   [Note: article 22(2) of AIFMD]

The accounting information given in the annual report must be:

1. (1)

   prepared in accordance with the accounting standards of the UK5 (or, for a non-UK AIF5, the accounting standards of the third country where it is established) and with the accounting rules set out in the AIF's instrument constituting the fund; and

2. (2)

   audited by one or more persons empowered by law to audit accounts under the Companies Act 2006 (or for a non-UK AIF5, under international auditing standards in force in the country where the non-UK AIF5 is established).

[Note: article 22(3) of AIFMD]

The auditor's report, including any qualifications, must be reproduced in full in the annual report.

[Note: second paragraph article 22(3) of AIFMD]

2An AIFM must comply with the provisions in this section in relation to the first financial year end date of the AIF following the AIFM's authorisation as an AIFM.