AIFMD Update: Changes to Annex 5 of the MFSA Investment Services Rules

AIFMD Update: Changes to Annex 5 of the MFSA Investment Services Rules

On the 4th August 2015, the Malta Financial Services Authority (MFSA) issued a Circular notifying the financial services industry of the publication of a revised version of Annex 5 to Appendix 13 to Part B III of the Investment Services Rules for Investment Services Providers, setting out the information required to be submitted by AIFMs on AIFs under their management.

The said changes have been effected in order to include additional details on the AIFs managed by de minimis as well as ‘full scope’ AIFMs and are intended to facilitate the collation by the MFSA of the information required in terms of Articles 3(3) and 24(3) of the Alternative Investment Fund Managers Directive (AIFMD). Accordingly, the changes include inter alia:

  • The deletion of the columns ‘AIF Type’, ‘NAV’ and ‘EU AIF’; and
  • The inclusion of the columns entitled ‘AIF Management Status’, ‘Assets Under Management’, ‘AIF Domicile’ and ‘Jurisdiction(s) in which AIF is Marketed’.

Comprehensive instructions for the proper completion of the form are set out in the Important Information Sheet of the same Annex 5.

The MFSA has confirmed that the first Annex 5 (made up to 30th June 2015) must be completed and duly submitted by all AIFMs (i.e. both de minimis and full scope AIFMs) by the 18th August 2015

The Annex 5 information is mandatory for both full scope AIFMs (which must submit the same on a quarterly basis) as well as de minimis AIFMs (required to submit on a half-yearly basis).

The MFSA has confirmed that the first Annex 5 (made up to 30th June 2015) must be completed and duly submitted by all AIFMs (i.e. both de minimis and full scope AIFMs) by the 18th August 2015.

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