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| | Recitals |
| | Chapter I Definitions (art. 1) |
Applicable | Article 1 Definitions |
| | Chapter II General provisions (arts. 2-15) |
| | Section 1 Calculation of assets under management (arts. 2-5) |
Applicable | Article 2 Calculation of the total value of assets under management |
Applicable | Article 3 Ongoing monitoring of assets under management |
Applicable | Article 4 Occasional breach of the threshold |
Applicable | Article 5 Information to be provided as part of registration |
| | Section 2 Calculation of leverage (arts. 6-11) |
Applicable | Article 6 General provisions on the calculation of leverage |
Applicable | Article 7 Gross method for calculating the exposure of the AIF |
Applicable | Article 8 Commitment method for calculating the exposure of an AIF |
Applicable | Article 9 Methods of increasing the exposure of an AIF |
Applicable | Article 10 Conversion methodologies for derivative instruments |
Applicable | Article 11 Duration netting rules |
| | Section 3 Additional own funds and professional indemnity insurance (arts. 12-15) |
Applicable | Article 12 Professional liability risks |
Applicable | Article 13 Qualitative requirements addressing professional liability risks |
Applicable | Article 14 Additional own funds |
Applicable | Article 15 Professional indemnity insurance |
| | Chapter III Operating conditions for AIFMs (arts. 16-82) |
| | Section 1 General principles (arts. 16-29) |
Applicable | Article 16 General obligations for competent authorities |
Applicable | Article 17 Duty to act in the best interests of the AIF or the investors in the AIF and the integrity of the market |
Applicable | Article 18 Due diligence |
Applicable | Article 19 Due diligence when investing in assets of limited liquidity |
Applicable | Article 20 Due diligence in the selection and appointment of counterparties and prime brokers |
Applicable | Article 21 Acting honestly, fairly and with due skills |
Applicable | Article 22 Resources |
Applicable | Article 23 Fair treatment of investors in the AIF |
Applicable | Article 24 Inducements |
Applicable | Article 25 Effective employment of resources and procedures - handling of orders |
Applicable | Article 26 Reporting obligations in respect of execution of subscription and redemption orders |
Applicable | Article 27 Execution of decisions to deal on behalf of the managed AIF |
Applicable | Article 28 Placing orders to deal on behalf of AIFs with other entities for execution |
Applicable | Article 29 Aggregation and allocation of trading orders |
| | Section 2 Conflicts of interest (arts. 30-37) |
Applicable | Article 30 Types of conflicts of interest |
Applicable | Article 31 Conflicts of interest policy |
Applicable | Article 32 Conflicts of interest related to the redemption of investments |
Applicable | Article 33 Procedures and measures preventing or managing conflicts of interest |
Applicable | Article 34 Managing conflicts of interest |
Applicable | Article 35 Monitoring conflicts of interest |
Applicable | Article 36 Disclosure of conflicts of interest |
Applicable | Article 37 Strategies for the exercise of voting rights |
| | Section 3 Risk management (arts. 38-45) |
Applicable | Article 38 Risk management systems |
Applicable | Article 39 Permanent risk management function |
Applicable | Article 40 Risk management policy |
Applicable | Article 41 Assessment, monitoring and review of the risk management systems |
Applicable | Article 42 Functional and hierarchical separation of the risk management function |
Applicable | Article 43 Safeguards against conflicts of interest |
Applicable | Article 44 Risk limits |
Applicable | Article 45 Risk measurement and management |
| | Section 4 Liquidity management (arts. 46-49) |
Applicable | Article 46 Liquidity management system and procedures |
Applicable | Article 47 Monitoring and managing liquidity risk |
Applicable | Article 48 Liquidity management limits and stress tests |
Applicable | Article 49 Alignment of investment strategy, liquidity profile and redemption policy |
| | Section 5 Investment in securitisation positions (arts. 50-56) |
Applicable | Article 50 Definitions |
Applicable | Article 51 Requirements for retained interest |
Applicable | Article 52 Qualitative requirements concerning sponsors and originators |
Applicable | Article 53 Qualitative requirements concerning AIFMs exposed to securitisations |
Applicable | Article 54 Corrective action |
Applicable | Article 55 Grandfathering clause |
Applicable | Article 56 Interpretation |
| | Section 6 Organisational requirements - general principles (arts. 57-66) |
Applicable | Article 57 General requirements |
Applicable | Article 58 Electronic data processing |
Applicable | Article 59 Accounting procedures |
Applicable | Article 60 Control by the governing body, senior management and supervisory function |
Applicable | Article 61 Permanent compliance function |
Applicable | Article 62 Permanent internal audit function |
Applicable | Article 63 Personal transactions |
Applicable | Article 64 Recording of portfolio transactions |
Applicable | Article 65 Recording of subscription and redemption orders |
Applicable | Article 66 Recordkeeping requirements |
| | Section 7 Valuation (arts. 67-74) |
Applicable | Article 67 Policies and procedures for the valuation of the assets of the AIF |
Applicable | Article 68 Use of models to value assets |
Applicable | Article 69 Consistent application of valuation policies and procedures |
Applicable | Article 70 Periodic review of valuation policies and procedures |
Applicable | Article 71 Review of individual values of assets |
Applicable | Article 72 Calculation of the net asset value per unit or share |
Applicable | Article 73 Professional guarantees |
Applicable | Article 74 Frequency of valuation of assets held by open-ended AIFs |
| | Section 8 Delegation of AIFM functions (arts. 75-82) |
Applicable | Article 75 General principles |
Applicable | Article 76 Objective reasons for delegation |
Applicable | Article 77 Features of the delegate |
Applicable | Article 78 Delegation of portfolio or risk management |
Applicable | Article 79 Effective supervision |
Applicable | Article 80 Conflicts of interest |
Applicable | Article 81 Consent and notification of sub-delegation |
Applicable | Article 82 Letter-box entity and AIFM no longer considered to be managing an AIF |
| | Chapter IV Depositary (arts. 83-102) |
| | Section 1 Particulars of the written contract (art. 83) |
Applicable | Article 83 Contractual particulars |
| | Section 2 General criteria for assessing the prudential regulation and supervision applicable to depositaries in third countries (art. 84) |
Applicable | Article 84 Criteria for assessing prudential regulation and supervision applicable to a depositary in a third country |
| | Section 3 Depositary functions, due diligence duties and segregation obligation (arts. 85-99) |
Applicable | Article 85 Cash monitoring - general requirements |
Applicable | Article 86 Monitoring of the AIF's cash flows |
Applicable | Article 87 Duties regarding subscriptions |
Applicable | Article 88 Financial instruments to be held in custody |
Amended | Article 89 Safekeeping duties with regard to assets held in custody |
Applicable | Article 90 Safekeeping duties regarding ownership verification and record keeping |
Applicable | Article 91 Reporting obligations for prime brokers |
Applicable | Article 92 Oversight duties - general requirements |
Applicable | Article 93 Duties regarding subscription and redemptions |
Applicable | Article 94 Duties regarding the valuation of shares/units |
Applicable | Article 95 Duties regarding the carrying out of the AIFM's instructions |
Applicable | Article 96 Duties regarding the timely settlement of transactions |
Applicable | Article 97 Duties related to the AIF's income distribution |
Amended | Article 98 Due diligence |
Amended | Article 99 Segregation obligation |
| | Section 4 Loss of financial instruments, liability discharge and objective reasons (arts. 100-102) |
Applicable | Article 100 Loss of a financial instrument held in custody |
Applicable | Article 101 Liability discharge under Article 21(12) of Directive 2011/61/EU |
Applicable | Article 102 Objective reasons for the depositary to contract a discharge of liability |
| | Chapter V Transparency Requirements, Leverage, Rules Relating to Third Countries and Exchange of Information on the Potential Consequences of AIFM Activity (arts. 103-116) |
| | Section 1 Annual report, disclosure to investors and reporting to competent authorities (arts. 103-111) |
Applicable | Article 103 General principles for the annual report |
Applicable | Article 104 Content and format of the balance sheet or statement of assets and liabilities and of the income and expenditure account |
Applicable | Article 105 Report on the activities of the financial year |
Applicable | Article 106 Material changes |
Applicable | Article 107 Remuneration disclosure |
Applicable | Article 108 Periodic disclosure to investors |
Applicable | Article 109 Regular disclosure to investors |
Applicable | Article 110 Reporting to competent authorities |
Applicable | Article 111 Use of leverage on a 'substantial basis' |
| | Section 2 AIFMs managing leveraged AIFs (art. 112) |
Applicable | Article 112 Restrictions on the management of AIFs |
| | Section 3 Specific rules relating to third countries (arts. 113-115) |
Applicable | Article 113 General requirements |
Applicable | Article 114 Mechanisms, instruments and procedures |
Applicable | Article 115 Data protection |
| | Section 4 Exchange of information on the potential systemic consequences of AIFM activity (art. 116) |
Applicable | Article 116 Exchange of information on the potential systemic consequences of AIFM activity |
| | Chapter VI Final provisions (art. 117) |
Applicable | Article 117 Entry into force |
Applicable | Annex I Methods of increasing the exposure of an AIF |
Applicable | Annex II Conversion methodologies for derivative instruments |
Applicable | Annex III Duration netting rules |
Applicable | Annex IV Reporting templates: AIFM |
| | Done at |
