Financial instrument - AIFMD Provision

AIFMD Anatomy™ →Go uptown AIFMD, financial instrument “financial instrument” means an instrument as specified in Section C of Annex I to Directive 2004/39/EC (EUR Lex); (view template) Directive 2011/61/EU (EUR Lex) | Implementing regulation 231/2013 (EUR Lex) Navigation directive - 21 (depositary) | 21(4) (conflict management) | 21(8) (custody function) | 21(11) (custody delegation) | 21(12) (liability for loss of assets) | 21(13) (discharge of liability on delegation) | 21(14) (discharge of liability for Non-EU subcustodians) | 36 (depo-lite) | 36(1) implementing regulation DR20 (Due diligence when appointing counterparties and prime brokers) | DR76 (objective reason) | DR89 (Safekeeping duties with regard to assets held in custody) | DR91 (reporting obligations for prime brokers) | DR98 (due diligence) | DR99 (segregation obligation) | DR100 (Loss of custody asset) | Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

For those who have not got the serial numbers of EU directives yet encoded on their brains, 2004/36/EC (EUR Lex) is better known as MiFID I, which of course has been superseded now by MiFID II for most purposes (though the definition of financial instrument for these purposes hasn’t materially changed).

The definition, as rendered in the FCA handbook is here: “Financial Instrument”