CHAPTER IV

TRANSPARENCY REQUIREMENTS

Reporting obligations to competent authorities
Article 24
1
An AIFM shall regularly report to the competent authorities of its home Member State on the principal markets and instruments in which it trades on behalf of the AIFs it manages.
It shall provide information on the main instruments in which it is trading, on markets of which it is a member or where it actively trades, and on the principal exposures and most important concentrations of each of the AIFs it manages.
2
An AIFM shall, for each of the EU AIFs it manages and for each of the AIFs it markets in the Union, provide the following to the competent authorities of its home Member State:
a
the percentage of the AIF’s assets which are subject to special arrangements arising from their illiquid nature;
b
any new arrangements for managing the liquidity of the AIF;
c
the current risk profile of the AIF and the risk management systems employed by the AIFM to manage the market risk, liquidity risk, counterparty risk and other risks including operational risk;
d
information on the main categories of assets in which the AIF invested; and
e
the results of the stress tests performed in accordance with point (b) of Article 15(3) and the second subparagraph of Article 16(1).
3
The AIFM shall, on request, provide the following documents to the competent authorities of its home Member State:
a
an annual report of each EU AIF managed by the AIFM and of each AIF marketed by it in the Union, for each financial year, in accordance with Article 22(1);
b
for the end of each quarter a detailed list of all AIFs which the AIFM manages.
4
An AIFM managing AIFs employing leverage on a substantial basis shall make available information about the overall level of leverage employed by each AIF it manages, a break-down between leverage arising from borrowing of cash or securities and leverage embedded in financial derivatives and the extent to which the AIF’s assets have been reused under leveraging arrangements to the competent authorities of its home Member State.
That information shall include the identity of the five largest sources of borrowed cash or securities for each of the AIFs managed by the AIFM, and the amounts of leverage received from each of those sources for each of those AIFs.
For non-EU AIFMs, the reporting obligations referred to in this paragraph are limited to EU AIFs managed by them and non-EU AIFs marketed by them in the Union.
5
Where necessary for the effective monitoring of systemic risk, the competent authorities of the home Member State may require information in addition to that described in this Article, on a periodic as well as on an ad-hoc basis. The competent authorities shall inform ESMA about the additional information requirements.
In exceptional circumstances and where required in order to ensure the stability and integrity of the financial system, or to promote long-term sustainable growth, ESMA may request the competent authorities of the home Member State to impose additional reporting requirements.
6
The Commission shall adopt, by means of delegated acts in accordance with Article 56 and subject to the conditions of Articles 57 and 58, measures specifying:
a
when leverage is to be considered to be employed on a substantial basis for the purposes of paragraph 4; and
b
the obligations to report and provide information provided for in this Article.
Those measures shall take into account the need to avoid an excessive administrative burden on competent authorities.