27 Mai 2013

ESMA : Consultation paper on guidelines on AIFMD reporting obligations under Articles 3 and 24 of the AIFMD + Guidelines on key concepts of the AIFMD

Le 27 mai 2013

ESMA launches consultation on guidelines for AIFMD reporting obligations

The European Securities and Markets Authority (ESMA) has published a consultation paper on guidelines on AIFMD reporting obligations under Articles 3 and 24 of the AIFMD.

ESMA is also seeking feedback on the reporting schema to be used by institutions in their reporting to their national competent authorities under Articles3 and 24.

 

Consultation paper on ESMA's guidelines on AIFMD reporting obligations under Articles 3 and 24 of the AIFMD

ESMA's consultation paper (CP) on AIFMD reporting obligations contains in draft guidelines to national competent authorities (NCAs) for securities markets on reporting obligations for AIFMs under Articles 3 and 24 of the AIFMD.

These draft guidelines, set out in Annex III, provide clarification on the information that AIFMs should report to NCAs, the timing of such reporting together with the procedures to be followed when AIFMs move from one reporting obligation to another.

Annex IV of the CP includes the reporting template set out in Regulation 231/2013.

Annex V sets out a diagram which summarises the reporting obligations of AIFMs, as determined by the total value of assets under management and the nature of the AIFs managed or marketed.

Annex VI provides stakeholders with detailed IT guidance for XML filing.

The CP is accompanied by the publication of the AIFM reporting XSD schema (ESMA/2013/599) that AIFMs will have to use to report the information under Articles 3 and 24 to NCAs and on which ESMA is also seeking feedback from stakeholders.

Consultation Paper :

http://www.esma.europa.eu/system/files/2013-592_consultation_paper_on_esma_guidelines_on_aifmd_reporting_for_publication.pdf

 

Guidelines on key concepts of the AIFMD

On 23 February 2012, ESMA published a discussion paper (DP) on key concepts of the Alternative Investment Fund Managers Directive and types of AIFM (2012/117), which was followed on 19 December 2012 by the publication of a consultation paper (CP) on guidelines on key concepts of the AIFMD (2012/845). The CP set out formal proposals for guidelines ensuring common, uniform and consistent application of the concepts in the definition of 'AIF' in Article 4(1)(a) of the AIFMD by providing clarification on each of these concepts. This final report sets out the final text of the guidelines on key concepts of the AIFMD.

http://www.esma.europa.eu/system/files/2013-600_final_report_on_guidelines_on_key_concepts_of_the_aifmd.pdf

 

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