Template:AIFMD DR91(3): Difference between revisions
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{{aifmdprov|DR91(3)}}. The items referred to in point (a) of paragraph {{aifmdprov|DR91(1)}} shall include: <br> | {{aifmdprov|DR91(3)}}. The items referred to in point (a) of paragraph {{aifmdprov|DR91(1)}} shall include: <br> | ||
:(a) the total value of assets held by the | :(a) the total value of assets held by the [[prime broker]] for the AIF, where safe-keeping functions are delegated in accordance with Article {{aifmdprov|21(11)}} of Directive {{eudirective|2011|61|EU}}. The value of each of the following: <br> | ||
::(i) cash loans made to the {{aifmdprov|AIF}} and accrued interest; <br> | ::(i) cash loans made to the {{aifmdprov|AIF}} and accrued interest; <br> | ||
::(ii) securities to be redelivered by the {{aifmdprov|AIF}} under open short positions entered into on behalf of the {{aifmdprov|AIF}}; <br> | ::(ii) securities to be redelivered by the {{aifmdprov|AIF}} under open short positions entered into on behalf of the {{aifmdprov|AIF}}; <br> | ||
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::(vii) total secured obligations of the {{aifmdprov|AIF}} against the [[prime broker]]; and <br> | ::(vii) total secured obligations of the {{aifmdprov|AIF}} against the [[prime broker]]; and <br> | ||
::(viii) all other assets relating to the {{aifmdprov|AIF}}; <br> | ::(viii) all other assets relating to the {{aifmdprov|AIF}}; <br> | ||
:(b) the value of other assets referred to in point (b) of Article {{aifmdprov|21(8)}} of Directive {{eudirective|2011|61|EU}} held as [[collateral]] by the | :(b) the value of other assets referred to in point (b) of Article {{aifmdprov|21(8)}} of Directive {{eudirective|2011|61|EU}} held as [[collateral]] by the [[prime broker]] in respect of secured transactions entered into under a prime brokerage agreement; <br> | ||
:(c) the value of the assets where the | :(c) the value of the assets where the [[prime broker]] has exercised a right of use in respect of the {{aifmdprov|AIF}}’s assets; <br> | ||
:(d) a list of all the institutions at which the | :(d) a list of all the institutions at which the [[prime broker]] holds or may hold cash of the {{aifmdprov|AIF}} in an account opened in the name of the {{aifmdprov|AIF}} or in the name of the {{aifmdprov|AIFM}} acting on behalf of the {{aifmdprov|AIF}} in accordance with Article {{aifmdprov|21(7)}} of Directive {{eudirective|2011|61|EU}}. <br> |
Latest revision as of 13:30, 14 August 2024
DR91(3). The items referred to in point (a) of paragraph DR91(1) shall include:
- (a) the total value of assets held by the prime broker for the AIF, where safe-keeping functions are delegated in accordance with Article 21(11) of Directive 2011/61/EU (EUR Lex). The value of each of the following:
- (i) cash loans made to the AIF and accrued interest;
- (ii) securities to be redelivered by the AIF under open short positions entered into on behalf of the AIF;
- (iii) current settlement amounts to be paid by the AIF under any futures contracts;
- (iv) short sale cash proceeds held by the prime broker in respect of short positions entered into on behalf of the AIF;
- (v) cash margins held by the prime broker in respect of open futures contracts entered into on behalf of the {{aifmdprov|AIF]]. This obligation is in addition to the obligations under Articles DR87 and DR88;
- (vi) mark-to-market close-out exposures of any OTC transaction entered into on behalf of the AIF;
- (vii) total secured obligations of the AIF against the prime broker; and
- (viii) all other assets relating to the AIF;
- (i) cash loans made to the AIF and accrued interest;
- (b) the value of other assets referred to in point (b) of Article 21(8) of Directive 2011/61/EU (EUR Lex) held as collateral by the prime broker in respect of secured transactions entered into under a prime brokerage agreement;
- (c) the value of the assets where the prime broker has exercised a right of use in respect of the AIF’s assets;
- (d) a list of all the institutions at which the prime broker holds or may hold cash of the AIF in an account opened in the name of the AIF or in the name of the AIFM acting on behalf of the AIF in accordance with Article 21(7) of Directive 2011/61/EU (EUR Lex).