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AIFM-Richtlinie by Claus Tollmann, , available at Book Depository with free delivery worldwide. AIFM-Richtlinie on *FREE* shipping on qualifying offers. Umsetzung der AIFM-Richtlinie in Deutschland, Frankreich und Luxemburg: Auswirkungen auf Investitionen in Immobilienanlageprodukte (German Edition).

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The Commission should adopt a delegated act within 3 months of receipt of the opinion and advice from ESMA, richtlnie into account the criteria listed in, and the objectives of, this Directive, inter alia, relating to the internal market, investor protection and the effective monitoring of systemic risk, specifying the date when the national regimes referred to in this Directive should be brought to an end in all Member States.

How to mitigate the AIFM Directive impacts on small AIF ? – AIFM-Richtlinie | XING

AIFMs shall functionally and hierarchically separate the functions of risk management from the operating units, including from the functions of portfolio management. In very exceptional circumstances, if and to the extent compliance with richtlinif provision of this Directive is incompatible with compliance with the law to which the non-EU Rihtlinie or the non-EU AIF marketed in the Union is subject, it should be possible for the non-EU AIFM to be exempted from compliance with the relevant provision of this Directive if it can demonstrate that: L vom 1.

For non-EU AIFs only, it should also be possible for the depositary to be a credit institution or any other entity of the same nature as the entities referred to in this recital as long as richtlinid is subject to effective prudential regulation and supervision which have the same effect as Union law and are effectively enforced. Benennung, Befugnisse und Rechtsbehelfe. It is appropriate to recognise those differences but, nevertheless, to require in all cases AIFMs to implement valuation procedures resulting in the proper valuation of assets of AIFs.

Food, Ricutlinie, Healthcare, Life Sciences.

L 15 vom The provision of investment services by those entities in respect of AIFs should never amount to a de facto circumvention of this Directive by means of turning the AIFM into a letter-box entity, irrespective of whether the AIFM is established in the Union or in a third country. Zahlungen im Zusammenhang mit der vorzeitigen Beendigung eines Vertrags spiegeln die im Laufe der Zeit erzielten Ergebnisse wider und sind so gestaltet, dass sie Versagen nicht belohnen.

Without prejudice to Articles 37, 39 and aimf, Member States may allow non-EU AIFMs to market to professional investors, in their territory only, units or shares of AIFs they manage subject at least to the following conditions:.

At the April summit in London, G20 Leaders agreed that hedge funds or their managers should be registered and should be required to disclose appropriate information on an ongoing basis to supervisors or regulators. Interested in the next Webinar on this Topic?

Member States shall designate the competent authorities which are to carry out the duties provided for in this Directive. Das Verfahren nach Absatz 11 ist entsprechend anzuwenden.

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Recent difficulties in financial markets have underlined that many AIFM strategies are vulnerable to some or several important risks in relation to investors, other market participants and markets. If the AIF is of the closed-ended type, such valuations and calculations shall also be carried out in case of an increase or decrease of the capital by the relevant AIF.


Juli Folgendes mit: That obligation to provide information on financing should also apply when an AIFM manages AIFs which acquire control over an issuer of shares admitted to trading on a regulated market. ESMA shall make the best practices that can be identified from peer reviews publicly available. Notwithstanding the first subparagraph of this paragraph, in case of a loss of financial instruments held in custody by a third party pursuant to paragraph 11, the depositary may discharge itself of liability if it can prove that:.

Without prejudice to paragraph 8, no authorisation shall be granted unless the following additional conditions are met:.

Member States shall ensure that the competent authorities of the airm Member State richtlniie the AIFM use the information to be gathered under Article 24 for the purposes of identifying the extent to which the afim of leverage contributes to the build-up of systemic risk in the financial system, risks of disorderly markets or risks to the long-term growth of the economy.

L 26 vom The impact of AIFMs on the markets in which they operate is largely beneficial, but recent financial difficulties have underlined how the activities of AIFMs may also serve to spread or amplify risks through the financial system. Without prejudice to the requirements set out in paragraph 3, the appointment of a depositary established in a third country shall, at all times, be subject to the following conditions:.

Specific information requirements towards employees of certain companies apply in cases where AIFs acquire control over such companies in accordance with this Directive.

Further, this Directive should not apply to the management of pension funds; employee participation or savings schemes; supranational institutions; national central banks; national, regional and local governments and bodies or institutions which ajfm funds supporting social security and pension systems; securitisation special purpose entities; or insurance contracts and joint ventures.

Delegation of supporting tasks that are linked to its depositary tasks, such as administrative or technical functions performed by the depositary as a part of its depositary tasks, is not subject to the specific limitations and requirements set out in this Directive. C 18 vom It should be possible for a depositary to delegate the safe-keeping of assets to a third party which, in its turn, should be able to delegate that function.

The competent authorities shall assess the risks that the use of leverage by an AIFM with respect to the AIFs it manages could entail, and, where deemed necessary in order to ensure the stability and integrity richlinie the financial system, the competent authorities of the home Member State of the AIFM, after having notified ESMA, the ESRB and the competent authorities of the relevant AIF, shall impose limits to the level of leverage that an AIFM are entitled to employ or other restrictions on the management richhlinie the AIF with respect to the AIFs under its management to limit the extent to which the use of leverage contributes to the build up of systemic risk rihctlinie the financial system or risks of disorderly markets.


The annual report shall be provided to investors on request. The notification required under paragraph 2 shall contain the following additional information:.

ESMA shall further have the powers necessary, including those enumerated in Article 48 3to carry out the tasks attributed to it by this Directive. Where necessary for the effective monitoring of systemic risk, the competent authorities of the home Member State may require information in addition to that described in this Article, on a periodic as well as on an ad-hoc basis.

The competent authorities may prolong this period for up to three additional months, where they consider it necessary due to the specific circumstances of the case and after having notified the AIFM accordingly. In JuneG20 Leaders in Toronto reaffirmed their commitment and also committed to accelerate the implementation of richglinie measures to improve transparency and regulatory oversight of hedge funds in an internationally consistent and non-discriminatory way.

Use of information by competent authorities, supervisory cooperation and limits to leverage. In particular, ESMA may:. Own funds, including any additional own funds as referred to in point a of paragraph 7, shall be invested in liquid assets or assets readily convertible to cash in the short term and shall not include speculative positions. If the AIFM concerned refuses to provide the competent authorities of its host Member State with information falling under their responsibility, or fails to take the necessary steps to put an end to the breach referred to in paragraph 4, the competent authorities of its host Member State shall inform the competent authorities of its home Member State thereof.

L vom ESMA should provide advice on the determination of the Richhlinie State of reference, and, where relevant, the exemption as regards compatibility with an equivalent aifmm.

AIFM-Richtlinie : Frank Dornseifer :

This Directive therefore aims at establishing common requirements governing the authorisation and supervision of AIFMs in order to qifm a coherent approach to the related risks and their impact on investors and markets in the Union. The functional and hierarchical separation of the functions of risk management in accordance with the first subparagraph shall be reviewed by the competent authorities of the home Member State of the AIFM in accordance with the principle of proportionality, on the understanding that the AIFM shall, in any event, be able to demonstrate that specific safeguards against conflicts of interest allow for the independent performance of risk management activities and that the risk management process satisfies the requirements of this Article and is consistently effective.

Help Print this page. Die Mitteilung muss mindestens folgende Angaben enthalten: Richtliniee geben dabei den Zeitpunkt an, an dem die Passregelung in ihrem Hoheitsgebiet umgesetzt oder gegebenenfalls angewendet wurde.