Template:AIFMD 21(4): Difference between revisions
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{{aifmdprov|21 | {{aifmdprov|21(4)}}. In order to avoid conflicts of interest between the {{aifmdprov|depositary}}, the {{aifmdprov|AIFM}} and/or the {{aifmdprov|AIF}} and/or its investors: <br> | ||
:(a) an AIFM shall not act as depositary; <br> | :(a) an AIFM shall not act as depositary; <br> | ||
:(b) a {{aifmdprov|prime broker}} acting as counterparty to an {{aifmdprov|AIF}} shall not act as {{aifmdprov|depositary}} for that {{aifmdprov|AIF}}, unless it has functionally and hierarchically separated the performance of its {{aifmdprov|depositary}} functions from its tasks as {{aifmdprov|prime broker}} and the potential {{aifmdprov|conflicts of interest}} are properly identified, managed, monitored and disclosed to the investors of the {{aifmdprov|AIF}}. Delegation by the depositary to such {{aifmdprov|prime broker}} of its custody tasks in accordance with paragraph {{aifmdprov|21.11}} is allowed if the relevant conditions are met. <br> | :(b) a {{aifmdprov|prime broker}} acting as counterparty to an {{aifmdprov|AIF}} shall not act as {{aifmdprov|depositary}} for that {{aifmdprov|AIF}}, unless it has functionally and hierarchically separated the performance of its {{aifmdprov|depositary}} functions from its tasks as {{aifmdprov|prime broker}} and the potential {{aifmdprov|conflicts of interest}} are properly identified, managed, monitored and disclosed to the investors of the {{aifmdprov|AIF}}. Delegation by the depositary to such {{aifmdprov|prime broker}} of its custody tasks in accordance with paragraph {{aifmdprov|21.11}} is allowed if the relevant conditions are met. <br> | ||
Latest revision as of 09:40, 7 July 2015
21(4). In order to avoid conflicts of interest between the depositary, the AIFM and/or the AIF and/or its investors:
- (a) an AIFM shall not act as depositary;
- (b) a prime broker acting as counterparty to an AIF shall not act as depositary for that AIF, unless it has functionally and hierarchically separated the performance of its depositary functions from its tasks as prime broker and the potential conflicts of interest are properly identified, managed, monitored and disclosed to the investors of the AIF. Delegation by the depositary to such prime broker of its custody tasks in accordance with paragraph 21.11 is allowed if the relevant conditions are met.