Sun, Sep 25, 2016
A A A
Welcome Guest
Free Trial RSS
Get FREE trial access to our award winning publications
Industry Updates

UK compliance manager advises all alternative investment managers to apply for AIFMD authorisation or registration asap

Monday, January 06, 2014
Opalesque Industry Update - Anthony Rawlins, compliance manager at Moore Stephens, advises on the top tips to consider in wake of the Alternative Investment Fund Managers Directive (AIFMD) transitional arrangements update.

“While the deadline extension is good news for those firms that have yet to prepare their AIFM variation of permissions, this development should not be viewed as a disincentive to act now. We are advising all of our clients that fall within the scope of an AIFM to make their applications for authorisation or registration as soon as possible in the New Year.

“The Treasury is currently ironing out some of the more intricate details, but it is clear in any event that all AIFMs will be required to comply with all relevant AIFMD requirements from 22 July 2014, even if their application has not yet been determined. Firms looking to vary their permissions or apply to become an AIFM are being required by the FCA to undertake a far deeper evaluation of their business, management and operations and should heed the Treasury’s advice to submit their application well in advance of the July deadline to ensure that their policies and procedures together with their systems and controls reflect this change.

“For a full-scope AIFM, the variation of permission is more akin to a full application for authorisation with the FCA requiring a far deeper evaluation of your business, management and operations. So firms need to consider the following aspects:

- Ensure you have at least the minimum capital adequacy requirement. For a full-scope firm the minimum will be €125,000;
- Consider purchasing Professional Indemnity Insurance;
- Appoint and be able to provide details of your proposed depositary (required to be an authorised depositary);
- Prepare a regulatory business plan which, in addition to outlining your proposed business and operating model and long term strategy will also need to incorporate details of your systems and controls;
- Prepare your compliance manual;
- Be able to provide details of your financial resources and your new financial resources requirements;
- Consider how you are going to demonstrate the segregation of risk management and portfolio management;
- Prepare new policies and procedures relating to leverage, liquidity, valuations, risk management, disclosure and prime brokerage.”

Background information

The Treasury is intending to amend the Alternative Investment Fund Managers Regulations 2013 to provide that, if a transitional AIFM’s application for authorisation or registration is submitted without sufficient time for the Financial Conduct Authority to determine the application by 22 July 2014 (the end of the transitional year), that AIFM will be able to continue managing AIFs until the FCA has determined the application. The requirement to submit an application before 22 July 2014 will remain in place and all AIFMs will, in any event, be required to comply with all relevant AIFMD requirements from 22 July 2014, even if their application has not yet been determined.

The Treasury are working on the details, in particular the status of AIFMs whose applications are yet to be determined after 22 July 2014, however it is their intention to make an amending statutory instrument to this effect in the New Year.

A link to the Alternative Investment Fund Managers Directive transitional arrangements update can be found here:www.gov.uk.

Press release

Bg

What do you think?

   Use "anonymous" as my name    |   Alert me via email on new comments   |   
Today's Exclusives Today's Other Voices More Exclusives
Previous Opalesque Exclusives                                  
More Other Voices
Previous Other Voices                                               
Access Alternative Market Briefing

 



  • Top Forwarded
  • Top Tracked
  • Top Searched
  1. Star names struggle as smaller hedge funds make hay[more]

    From eFinancialnews.com: Many big-name funds have been hit by sharp reversals in markets, including US government bonds and UK stocks, and have struggled to extricate themselves from positions that have gone bad. According to data group eVestment, hedge funds below $250 million in size are up 4.1% t

  2. North America - Acela fight splits hedge fund Connecticut and old money enclaves[more]

    From Bloomberg.com: Connecticut’s residential coastline is two worlds, the one of newcomer millionaires and one whose wealth and New England roots span generations. Now, their differences over a rail route threaten to gum up plans for the U.S. Northeast’s fastest-ever trains. About 30 miles from Man

  3. Activist News - Caesars offers creditors another $1.6bn, would spell end of hedge fund ownership, Activist investors double chance of CEO exits[more]

    Caesars offers creditors another $1.6bn, would spell end of hedge fund ownership From Calvinayre.com: Casino operator Caesars Entertainment has improved its offer to junior creditors to over $5b, but the offer is only good until Friday. On Wednesday, Caesars added an extra $1.6b to the $

  4. Comment - ‘Gut feeling’ measurable in hedge fund traders, How hedge fund managers can use blockchain to maximize benefits[more]

    ‘Gut feeling’ measurable in hedge fund traders From Laboratoryequipment.com: “Gut feeling” is an intangible – an automatic hunch – based on prior experience for some people. But the “gut feeling” is actually a measurable response developed in professionals doing some high-risk work, acco

  5. Opalesque Exclusive: Modern investor tools (2): A platform that does the job for you[more]

    Benedicte Gravrand, Opalesque Geneva: A new series on technology providers that assist asset allocators. There is disruption in the investor part of the world of hedge funds, coming from platforms that can replace traditionally-run search and analysis. Here is one of them. L