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    2013-07-23

FUND 3.4 Reporting obligations to the FCA

Application

FUND 3.4.1R

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

  1. (1)

    a UK AIF;

  2. (2)

    an EEA AIF; and

  3. (3)

    a non-EEA AIF.

Reporting obligations

FUND 3.4.2R

An AIFM must regularly report to the FCA on behalf of each AIF it manages:

  1. (1)

    the main instruments in which it is trading;

  2. (2)

    the principal markets of which it is a member or where it actively trades; and

  3. (3)

    the principal exposures and most important concentrations of each AIF it manages.

[Note: article 24(1) of AIFMD]

Content of reporting information

FUND 3.4.3R

An AIFM must, for each UK AIF and EEA AIF it manages, and for each AIF it markets in the EEA, provide the following to the FCA:

  1. (1)

    the percentage of the AIF's assets that are subject to special arrangements arising from their illiquid nature;

  2. (2)

    any new arrangements for managing the liquidity of the AIF;

  3. (3)

    the current risk profile of the AIF and the risk management systems employed by the AIFM to manage the market risk, liquidity risk, counterparty risk and other risks, including operational risk;

  4. (4)

    information on the main categories of assets in which the AIF is invested; and

  5. (5)

    the results of the stress tests performed in accordance with FUND 3.6.3R (2) (Liquidity systems and procedures) and FUND 3.7.5R (2)(b) (Risk management systems).

[Note: article 24(2) of AIFMD]

FUND 3.4.4R

An AIFM must, at the FCA's request, provide at the end of each quarter a detailed list of all AIFs which it manages.

[Note: article 24(3)(b) of AIFMD]

AIFs that employ leverage on a substantial basis

FUND 3.4.5R

An AIFM managing an AIF that employs leverage on a substantial basis must make the following information available to the FCA about that AIF:

  1. (1)

    the overall level of leverage employed by the AIF;

  2. (2)

    a breakdown of leverage arising from borrowing of cash or securities and leverage embedded in financial derivatives;

  3. (3)

    the extent to which the AIF's assets have been reused under leveraging arrangements; and

  4. (4)

    the identity of the five largest sources of borrowed cash or securities for the AIF, and the amounts of leverage received from each of those sources.

[Note: article 24(4) of AIFMD]

Meaning of employing leverage on a substantial basis

FUND 3.4.6EU

Use of leverage on a 'substantial basis'

1.

Leverage shall be considered to be employed on a substantial basis for the purposes of Article 24(4) of Directive 2011/61/EU when the exposure of an AIF as calculated according to the commitment method under Article 8 of this Regulation exceeds three times its net asset value.

[Note: article 111(1) of the AIFMD level 2 regulation]

Subordinate measures

FUND 3.4.7G

Articles 110 and 111 of the AIFMD level 2 regulation provide detailed rules supplementing this section.