+Article 7 Application for authorisation
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Article 7 Application for authorisation

1. Overzicht

,
Article 7 1.
Member States shall require that AIFMs apply for authorisation from the competent authorities of their home Member State.
Article 7 2.

Member States shall require that an AIFM applying for an authorisation provides the following information relating to the AIFM to the competent authorities of its home Member State:

(a) 

information about the persons effectively conducting the business of the AIFM, in particular with regard to the functions referred to in Annex I, including:

(i) 

a description of the role, title and level of seniority of those persons;

(ii) 

a description of the reporting lines and responsibilities of those persons within and outside the AIFM;

(iii) 

an overview of the amount of time that each of those persons allocates to each responsibility;

(iv) 

a description of the human and technical resources that support the activities of those persons;

(aa) 

the legal name and relevant identifier of the AIFM;

(b) 

information on the identities of the AIFM’s shareholders or members, whether direct or indirect, natural or legal persons, that have qualifying holdings and on the amounts of those holdings;

(c) 

a programme of activity setting out the organisational structure of the AIFM, including information on how the AIFM intends to comply with its obligations under Chapters II, III, IV, and, where applicable, Chapters V to VIII of this Directive, and with its obligations under Article 3(1), Article 6(1), point (a), and Article 13 of Regulation (EU) 2019/2088 of the European Parliament and of the Council ( 7 ), and a detailed description of the appropriate human and technical resources to be used by the AIFM to that effect;

(d) 

information on the AIFM’s remuneration policies and practices pursuant to Article 13;

(e) 

information on arrangements made for the delegation and sub-delegation to third parties of functions in accordance with Article 20, comprising at least the following:

(i) 

for each delegate:

— 
its legal name and relevant identifier,
— 
its jurisdiction of establishment, and
— 
where relevant, its supervisory authority;
(ii) 

a detailed description of the human and technical resources employed by the AIFM for:

— 
performing day-to-day portfolio management or risk management tasks within the AIFM, and
— 
monitoring the delegated activity;
(iii) 

in respect of each of the AIFs that the AIFM manages or intends to manage:

— 
a brief description of the delegated portfolio management function, including whether such delegation amounts to a partial or full delegation, and
— 
a brief description of the delegated risk management function, including whether such delegation amounts to a partial or full delegation;
iv) 

a description of the periodic due diligence measures to be carried out by the AIFM to monitor the delegated activity.
Article 7 3.

Member States shall require that an AIFM applying for authorisation further provide the following information on the AIFs it intends to manage to the competent authorities of its home Member State:

(a) 

information about the investment strategies including the types of underlying funds if the AIF is a fund of funds, and the AIFM’s policy as regards the use of leverage, and the risk profiles and other characteristics of the AIFs it manages or intends to manage, including information about the Member States or third countries in which such AIFs are established or are expected to be established;

(b) 

information on where the master AIF is established if the AIF is a feeder AIF;

(c) 

the rules or instruments of incorporation of each AIF the AIFM intends to manage;

(d) 

information on the arrangements made for the appointment of the depositary in accordance with Article 21 for each AIF the AIFM intends to manage;

(e) 

any additional information referred to in Article 23(1) for each AIF the AIFM manages or intends to manage.
Article 7 4.
Where a management company is authorised pursuant to Directive 2009/65/EC (UCITS management company) and applies for authorisation as an AIFM under this Directive, the competent authorities shall not require the UCITS management company to provide information or documents which the UCITS management company has already provided when applying for authorisation under Directive 2009/65/EC, provided that such information or documents remain up-to-date.
Article 7 5.
The competent authorities shall, on a quarterly basis, inform ESMA of authorisations granted or withdrawn in accordance with this Chapter, and of any changes to the list of AIFs managed or marketed in the Union by authorised AIFMs.

ESMA shall keep a central public register identifying each AIFM authorised under this Directive, the competent authorities of each such AIFM and a list of the AIFs managed or marketed in the Union by such AIFMs. The register shall be made publicly available in an electronic format.
Article 7 8.
By 16 April 2029, ESMA shall provide the European Parliament, the Council and the Commission with a report analysing market practices regarding delegation and compliance with paragraphs 1 to 5 of this Article and with Article 20, based, inter alia, on the data reported to the competent authorities in accordance with Article 24(2), point (d), and on the exercise of ESMA’s supervisory convergence powers. That report shall also analyse compliance with the substance requirements of this Directive.

1.1 Referenties

1.2 Geïdentificeerde eisen

1.3 Gerelateerde standaarden

2. Geïdentificeerde eisen

Eisen

3. Gerelateerde standaarden

Standaarden