Article 40
Risk management policy
1.
An AIFM shall establish, implement and maintain an adequate and documented risk management policy which identifies all the relevant risks to which the AIFs it manages are or may be exposed.
2.
The risk management policy shall comprise such procedures as are necessary to enable the AIFM to assess for each AIF it manages the exposure of that AIF to market, liquidity, sustainability and counterparty risks, and the exposure of the AIF to all other relevant risks, including operational risks, which may be material for each AIF it manages.
3.
The AIFM shall address at least the following elements in the risk management policy:
(a)
the techniques, tools and arrangements that enable it to comply with Article 45;
(b)
the techniques, tools and arrangements that enable liquidity risk of the AIF to be assessed and monitored under normal and exceptional liquidity conditions including through the use of regularly conducted stress tests in accordance with Article 48;
(c)
the allocation of responsibilities within the AIFM pertaining to risk management;
(d)
the limits set in accordance with Article 44 of this Regulation and a justification of how these are aligned with the risk profile of the AIF disclosed to investors in accordance with Article 23(4)(c) of Directive 2011/61/EU;
(e)
the terms, contents, frequency and addressees of reporting by the permanent risk management function referred to in Article 39.
4.
The risk management policy shall include a description of the safeguards referred to in Article 43, in particular:
(a)
the nature of the potential conflicts of interest;
(b)
the remedial measures put in place;
(c)
the reasons why these measures should be reasonably expected to result in independent performance of the risk management function;
(d)
how the AIFM expects to ensure that the safeguards are consistently effective.
5.
The risk management policy referred to in paragraph 1 shall be appropriate to the nature, scale and complexity of the business of the AIFM and of the AIF it manages.