Template:AIFMD DR76: Difference between revisions
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=====Objective reasons for delegation===== | =====Objective reasons for delegation===== | ||
{aifmdprov|DR 76(1)}} The AIFM shall provide the competent authorities with a detailed description, explanation and evidence of the objective reasons for delegation. When assessing whether the entire delegation structure is based on objective reasons within the meaning of Article 20(1)(a) of Directive 2011 | {{aifmdprov|DR 76(1)}} The AIFM shall provide the competent authorities with a detailed description, explanation and evidence of the objective reasons for delegation. When assessing whether the entire delegation structure is based on objective reasons within the meaning of Article {{aifmdprov|20(1)}}(a) of Directive {{eudirective|2011|61|EU}} the following criteria shall be considered:<br> | ||
:(a) optimising of business functions and processes;<br> | :(a) optimising of business functions and processes;<br> | ||
:(b) cost saving; <br> | :(b) cost saving; <br> | ||
:(c) expertise of the delegate in administration or in specific markets or investments; <br> | :(c) expertise of the delegate in administration or in specific markets or investments; <br> | ||
:(d) access of the delegate to global trading capabilities. <br> | :(d) access of the delegate to global trading capabilities. <br> | ||
{aifmdprov|DR 76(2)}} Upon request by the competent authorities, an AIFM shall provide further explanations and provide documents proving that the entire delegation structure is based on objective reasons. <br> | {{aifmdprov|DR 76(2)}} Upon request by the competent authorities, an AIFM shall provide further explanations and provide documents proving that the entire delegation structure is based on objective reasons. <br> | ||
Latest revision as of 15:13, 3 February 2015
Article DR 76 of the AIFMD Delegated Regulation
Objective reasons for delegation
DR 76(1) The AIFM shall provide the competent authorities with a detailed description, explanation and evidence of the objective reasons for delegation. When assessing whether the entire delegation structure is based on objective reasons within the meaning of Article 20(1)(a) of Directive 2011/61/EU (EUR Lex) the following criteria shall be considered:
- (a) optimising of business functions and processes;
- (b) cost saving;
- (c) expertise of the delegate in administration or in specific markets or investments;
- (d) access of the delegate to global trading capabilities.
DR 76(2) Upon request by the competent authorities, an AIFM shall provide further explanations and provide documents proving that the entire delegation structure is based on objective reasons.