Template:Nutshell AIFMD DR91(3): Difference between revisions
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Amwelladmin (talk | contribs) Created page with "{{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 {{tag|prime brok..." |
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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}}. | ||
:(aa)<ref>The EU regulation seems to have a numbering issue. The [[JC]] has corrected this.</ref> The value of each of the following: <br> | :(aa)<ref>The EU regulation seems to have a numbering issue. The [[JC]] has corrected this.</ref> 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> | ||
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::(viii) all the {{aifmdprov|AIF}}’s other assets with the [[prime broker]]; <br> | ::(viii) all the {{aifmdprov|AIF}}’s other assets with the [[prime broker]]; <br> | ||
:(b) the value of other assets referred to in Article {{aifmdprov|21(8)}}(b) that the [[prime broker]] holds as [[collateral]] for secured transactions entered into under the [[prime brokerage agreement]]; <br> | :(b) the value of other assets referred to in Article {{aifmdprov|21(8)}}(b) that the [[prime broker]] holds as [[collateral]] for secured transactions entered into under the [[prime brokerage agreement]]; <br> | ||
:(c) the value of the assets the | :(c) the value of the assets the [[prime broker]] has [[rehypothecate|rehypothecated]]; <br> | ||
:(d) a list of all the institutions where the | :(d) a list of all the institutions where the [[prime broker]] holds the {{aifmdprov|AIF}}’s [[cash]] in the {{aifmdprov|AIF}}’s or {{aifmdprov|AIFM}}’s name per Article {{aifmdprov|21(7)}}. <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).
- (aa)[1] The value of each of the following:
- (i) cash loans made to the AIF and accrued interest;
- (ii) securities owed by the AIF under open short positions;
- (iii) futures settlement amounts owed by the AIF;
- (iv) cash proceeds of short sales held by the prime broker;
- (v) cash margin the prime broker holds for the AIF’s open futures contracts; This obligation is in addition to the obligations under Articles DR87 and DR88;
- (vi) mark-to-market close-out exposures of the AIF’s OTC transactions;
- (vii) the AIF’s total secured obligations to the prime broker; and
- (viii) all the AIF’s other assets with the prime broker;
- (i) cash loans made to the AIF and accrued interest;
- (b) the value of other assets referred to in Article 21(8)(b) that the prime broker holds as collateral for secured transactions entered into under the prime brokerage agreement;
- (c) the value of the assets the prime broker has rehypothecated;
- (d) a list of all the institutions where the prime broker holds the AIF’s cash in the AIF’s or AIFM’s name per Article 21(7).