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ESMA: Long-awaited AIFMD Guidelines on Reporting Obligations Released

The European Securities and Markets Authority (ESMA) has published its final report on “Guidelines on reporting obligations under Articles 3(3)(d) and 24(1), (2) and (4) of the AIFMD”. The guidelines aim to clarify provisions of the AIFMD and its “delegated act” (“Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012”) on required information, which will help to have a more comprehensive and consistent oversight of AIFMs’ activities.

ESMA has also published an Opinion that proposes introducing additional periodic reporting including such information as value-at-risk of AIFs or the number of transactions carried out using high frequency algorithmic trading techniques. This release also includes some technical supporting material (a consolidated reporting template, detailed IT guidance for filing of the XML and the XSD schema) that are supposed to facilitate the reporting by AIFMs to regulators.

The Guidelines will now be translated into the official languages of the EU. National competent authorities will then have two months from the date of the publication of the translations on ESMA’s website to confirm to ESMA whether they comply or intend to comply with the Guidelines by incorporating them into their supervisory practices.

The Luxembourg supervisory authority  CSSF announces that it will soon publish a circular which will include among others the practical aspects of reporting and clarification on the information to be reported to the CSSF as well as the timing of such reporting via the reporting template foreseen by Annex IV of the Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012.

All interested parties are invited to send their remarks, questions and contributions to aifm@cssf.lu.

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