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Half a decade past yet AIFMD Reporting Requirements are still sprouting to Fund Houses

11/07/2020
Posted By Charles A
Category : AIFMD;

Tag(s) : aifmd,

ESMA has transformed the way the investment fund sector is regulated with AIFMD reporting requirements every year for better transparency over six years now.

ESMA has come with new requirements every year for the investment industry, and it had made a significance on all the fund houses to follow AIFMD requirements that evolved for the past five years. Having said about ESMA evolving directives, DataTracks has supported such changes with its robust AIFMD Software solution, making it up to date with all necessary change requirements and made ready for any future evolution.

 

More on AIFMD

 

AIFMD reporting by ESMA is a part of the EU regulatory effort to bring in more scrutiny to regulate the activities of the managers of investment funds that do not come within the scope of the UCITS IV standard. This includes, among other things, alternative management funds, hedge funds, real estate funds, private equity funds, etc.

 

Apart from EU AIFMs, AIFMD brings in even non – EU AIFMs which are managed or marketed in EU states under its regulatory purview. Non-EU – AIFMs are prone to more scrutiny by the AIFMD directive in terms of more requirements & constraints.

 

As cited under Article 42, Non – EU AIFMs that conduct business operations across member states need to report to the National Competent Authorities (NCA) only on information pertaining to the AIFs, which are marketed in the corresponding member states.

 

However, reporting obligations for non – EU AIFs to the NCA does not exactly depend on the actual marketing period of the AIF but instead on the existence of investors in the AIF in the corresponding jurisdiction of the NCA. Hence, even after the marketing period has ended, reporting of non-AIFMs to an NCA is mandatory if there are no investors in the jurisdiction of the respective NCA.

 

Under Article 24(5) of the AIFMD, AIFMs are obliged to report information on non – EU master AIFs which are not marketed in EU but either have EU feeder AIFs or non – EU feeder AIFs marketed in the Union under article 42, if Member states apply ESMA’s opinion to collect additional information.

 

EU and Non – EU AIFMs are obliged by the same principle if the master AIF is established in the Union & not marketed in the Union. (i.e., they should report information on the EU master AIF not marketed in the Union).

 

AIFMD is levied as a moral & legal responsibility on the shoulders of the managers to do their part in evading another similar crisis. Even the most versed fund managers find Annex IV reporting an intricate task which demands the collection of data from multiple sources, cumbersome calculations involving hundreds of data elements, and finally generating reports in XML format.

 

DataTracks’ AIFMD reporting solution has been a one-stop support tool for EU and non-EU firms for all these years and now that are eligible to file the AIFMD Annex IV with ESMA. We have designed a fintech solution that addresses all these challenges in the past and upcoming new changes to ensure you a smooth filing journey.

 

For filing the same reportable data with different jurisdictions, the users need not undergo the struggle to re-enter the data again. Instead, they can change the reporting jurisdictions in a couple of steps and download the necessary XML reports to file with different regulators.

 

DataTracks serves customers across EU regions ranging from the UK to Luxembourg to Malta & non-EU regions like The Channel Islands and the United States.

 



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