Article 60
Control by the governing body, senior management and supervisory function
1.
When allocating functions internally, AIFMs shall ensure that the governing body, the senior management and, where it exists, the supervisory function are responsible for the AIFM’s compliance with its obligations under Directive 2011/61/EU.
2.
An AIFM shall ensure that its senior management:
(a)
is responsible for the implementation of the general investment policy for each managed AIF, as defined, where relevant, in the fund rules, the instruments of incorporation, the prospectus or the offering documents;
(b)
oversees the approval of the investment strategies for each managed AIF;
(c)
is responsible for ensuring that valuation policies and procedures in accordance with Article 19 of Directive 2011/61/EU are established and implemented;
(d)
is responsible for ensuring that the AIFM has a permanent and effective compliance function, even if this function is performed by a third party;
(e)
ensures and verifies on a periodic basis that the general investment policy, the investment strategies and the risk limits of each managed AIF are properly and effectively implemented and complied with, even if the risk management function is performed by third parties;
(f)
approves and reviews on a periodic basis the adequacy of the internal procedures for undertaking investment decisions for each managed AIF, so as to ensure that such decisions are consistent with the approved investment strategies;
(g)
approves and reviews on a periodic basis the risk management policy and the arrangements, processes and techniques for implementing that policy, including the risk limit system for each AIF it manages;
(h)
is responsible for establishing and applying a remuneration policy in line with Annex II to Directive 2011/61/EU;
(i)
is responsible for the integration of sustainability risks in activities referred to in points (a) to (h).
3.
An AIFM shall also ensure that its senior management and, where appropriate, its governing body or supervisory function:
(a)
assess and periodically review the effectiveness of the policies, arrangements and procedures put in place to comply with the obligations laid down in Directive 2011/61/EU;
(b)
take appropriate measures to address any deficiencies.
4.
An AIFM shall ensure that its senior management receives on a frequent basis, and at least annually, written reports on matters of compliance, internal audit and risk management indicating in particular whether appropriate remedial measures have been taken in the event of any deficiencies.
5.
An AIFM shall ensure that its senior management receives on a regular basis reports on the implementation of investment strategies and of the internal procedures for taking investment decisions referred to in points (b) to (e) of paragraph 2.
6.
An AIFM shall ensure that the governing body or the supervisory function, if any, receives on a regular basis written reports on the matters referred to in paragraph 4.