Updated 18/10/2024
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AIFMD ToolDelegated Regulation 2024/912
Article 2

Article 2 - Information to be provided under Article 33(3) of Directive 2011/61/EU

Article 2

Information to be provided under Article 33(3) of Directive 2011/61/EU

1.   The information that AIFMs are to provide under Article 33(3), point (b), of Directive 2011/61/EU shall contain the name, address, where available national identification codes, and contact details of the department or contact point within the branch that is responsible for exchanging information with the competent authorities of the AIFM’s home Member State or with the competent authorities of the Member State where the branch is established.

2.   The information that AIFMs are to provide under Article 33(3), point (c), of Directive 2011/61/EU about persons responsible for the management of the branch shall contain the name, position, email address, and telephone number of individuals performing key functions in a leading position in relation to the branch.

3.   The information on the organisational structure of the branch that AIFMs are to provide under Article 33(3), point (a), of Directive 2011/61/EU shall contain all the following:

(a)

whether the AIFM is a member of a group;

(b)

an explanation of how the branch will contribute to the strategy of the AIFM, or the AIFM’s group;

(c)

the following information on the organisation of the branch:

(i)

functional, geographical, and legal reporting lines;

(ii)

a description of how the branch fits into the corporate structure of the AIFM, or, where the AIFM is a member of a group, into the corporate structure of the group;

(iii)

the rules for reporting by the branch to the AIFM;

(iv)

a description of the risk measurement and management process put in place by the AIFM at the level of the branch under Article 45 of Commission Delegated Regulation (EU) No 231/2013 (5);

(d)

a summary of the systems and controls that will be put in place, including all the following:

(i)

procedures put in place and the human and material resources allocated, to comply with the rules drawn up by the AIFM’s host Member State pursuant to Articles 12 and 14 of Directive 2011/61/EU;

(ii)

procedures put in place and the human and material resources allocated, to comply with anti-money laundering and counter financing of terrorism obligations laid down in Directive (EU) 2015/849 of the European Parliament and of the Council (6);

(iii)

controls over delegation arrangements with third parties in connection with the activities carried out by the branch;

(e)

forecast statements for both, profit or loss and cash flow, for the first 36-month.

(5)  Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision (OJ L 83, 22.3.2013, p. 1).

(6)  Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).