Commission Delegated Regulation (EU) No 231/2013Show full title

Article 91 U.K. Reporting obligations for prime brokers

1. Where a prime broker has been appointed, the AIFM shall ensure that from the date of that appointment an agreement is in place pursuant to which the prime broker is required to make available to the depositary in particular a statement in a durable medium which contains the following information:

(a) the values of the items listed in paragraph 3 at the close of each business day;

(b) details of any other matters necessary to ensure that the depositary of the AIF has up-to-date and accurate information about the value of assets the safekeeping of which has been delegated in accordance with [F1 rules 3.11.28 to 3.11.30 of the Investment Funds sourcebook].

2. The statement referred to in paragraph 1 shall be made available to the depositary of the AIF no later than the close of the next business day to which it relates.

3. The items referred to in point (a) of paragraph 1 shall include:

(a) the total value of assets held by the prime broker for the AIF, where safe-keeping functions are delegated in accordance with [F2 rules 3.11.28 to 3.11.30 of the Investment Funds sourcebook]. The value of each of the following:

(i)

cash loans made to the AIF and accrued interest;

(ii)

securities to be redelivered by the AIF under open short positions entered into on behalf of the AIF;

(iii)

current settlement amounts to be paid by the AIF under any futures contracts;

(iv)

short sale cash proceeds held by the prime broker in respect of short positions entered into on behalf of the AIF;

(v)

cash margins held by the prime broker in respect of open futures contracts entered into on behalf of the AIF. This obligation is in addition to the obligations under Articles 87 and 88;

(vi)

mark-to-market close-out exposures of any OTC transaction entered into on behalf of the AIF;

(vii)

total secured obligations of the AIF against the prime broker; and

(viii)

all other assets relating to the AIF;

(b) the value of other assets referred to in [F3 rule 3.11.23 of the Investment Funds sourcebook] held as collateral by the prime broker in respect of secured transactions entered into under a prime brokerage agreement;

(c) the value of the assets where the prime broker has exercised a right of use in respect of the AIF’s assets;

(d) a list of all the institutions at which the prime broker holds or may hold cash of the AIF in an account opened in the name of the AIF or in the name of the AIFM acting on behalf of the AIF in accordance with [F4 rule 3.11.20 of the Investment Funds sourcebook].

Textual Amendments

F1 Words in Art. 91(1)(b) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 34(8)(a) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 91(3)(a) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 34(8)(b)(i) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 91(3)(b) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 34(8)(b)(ii) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 91(3)(d) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 34(8)(b)(iii) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)