Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company (Text with EEA relevance) (c. 43)

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CHAPTER VI U.K. RISK MANAGEMENT(Article 51(1) of Directive 2009/65/EC)

SECTION 1 U.K. Risk management policy and risk measurement

Article 39 U.K. Assessment, monitoring and review of risk management policy

1. Member States shall require management companies to assess, monitor and periodically review:

(a) the adequacy and effectiveness of the risk management policy and of the arrangements, processes and techniques referred to in Articles 40 and 41;

(b) the level of compliance by the management company with the risk management policy and with arrangements, processes and techniques referred to in Articles 40 and 41;

(c) the adequacy and effectiveness of measures taken to address any deficiencies in the performance of the risk management process.

2. Member States shall require management companies to notify to competent authorities of their home Member State any material changes to the risk management process.

3. Members States shall ensure that requirements laid down in paragraph 1 are subject to review by the competent authorities of the management company’s home Member State on an on-going basis and accordingly when granting authorisation.