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Commission Delegated Regulation (EU) 2024/911 of 15 December 2023 supplementing Directive 2009/65/EC of the European Parliament and of the Council with regard to regulatory technical standards specifying the information to be notified in relation to the cross-border activities of management companies and undertakings for collective investment in transferable securities (UCITS)

CELEX
Delegated Regulation (EU) 2024/911
Date of document
Articles
5
Source
EUR-Lex
Article 1Information to be provided under Article 17(1) and (2) of Directive 2009/65/EC

1.   The information that management companies are to provide under Article 17(1) of Directive 2009/65/EC shall contain all the following:

(a)

the name, address, LEI and contact details of the management company;

(b)

the name and contact details of the department or contact point at the management company that is responsible for exchanging the information with the competent authority of the management company’s home Member State.

2.   The description of the activities and services to be included in the programme of operations that management companies are to communicate under Article 17(2), point (b), of Directive 2009/65/EC shall contain all the following:

(a)

the particular activities and services referred to in Article 6(2) and (3) of Directive 2009/65/EC that will be provided in the host Member State;

(b)

whether the management company is a member of a group;

(c)

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

(d)

a description of the business strategy of the branch;

(e)

forecast statements of the branch for both, profit or loss and cash flow, for the first 36 months.

3.   The description of the organisational structure of the branch to be included in the programme of operations that management companies are to communicate under Article 17(2), point (b), of Directive 2009/65/EC shall contain all the following:

(a)

functional, geographical, and legal reporting lines;

(b)

a description of how the branch fits into the internal structure of the management company, or, where the management company is a member of a group, into the internal structure of the group, including details about any operational unit put in place at the level of the branch and an indication of the human resources allocated to the branch;

(c)

the rules for reporting by the branch to the management company;

(d)

a description of the risk measurement and management process put in place by the management company at the level of the branch under Articles 40 to 43 of Commission Directive 2010/43/EU  ( 5 ) ;

(e)

a description of the procedures and arrangements taken in accordance with Article 15 of Directive 2009/65/EC;

(f)

a summary of the systems and controls put in place by the management company at the level of the branch, 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 management company’s host Member State pursuant to Article 14 of Directive 2009/65/EC;

(ii)

procedures put in place, and the human and material resources allocated, to comply with the 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 respect to activities conducted by the branch in the host Member State.

4.   The information that management companies are to provide under Article 17(2), point (d), of Directive 2009/65/EC about the 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.

Article 2Information to be communicated under Article 18(1) and (2) of Directive 2009/65/EC

1.   The information that management companies are to communicate under Article 18(1), point (a), of Directive 2009/65/EC shall contain all the following:

(a)

the name, address, LEI and contact details of the management company;

(b)

the name and contact details of the department or contact point at the management company that is responsible for exchanging information with the competent authority of the management company’s home Member State.

2.   The description of the services and activities to be included in the programme of operations that management companies are to communicate under Article 18(1), point (b), of Directive 2009/65/EC shall contain all the following:

(a)

the particular activities and services referred to in Article 6(2) and (3) of Directive 2009/65/EC that will be provided in the host Member State;

(b)

whether the management company is a member of a group;

(c)

an explanation of how the activities to be conducted in the host Member State will contribute to the strategy of the management company, or the management company’s group.

Article 3Information to be provided under Article 20(1), point (b), of Directive 2009/65/EC

The information that management companies are to provide under Article 20(1), point (b), of Directive 2009/65/EC shall contain all the following:

(a)

a list of investment management or administration functions subject to delegation;

(b)

the name, address and contact details of the delegate.

Article 4Notification of any change to the information provided under Article 17(1), (2), (3), (8) and (9), Article 18(1), (2) and (4), and Article 20(1) and (4) of Directive 2009/65/EC

1.   Management companies shall inform the competent authorities concerned about any change to the information referred to in Articles 1 to 3.

2.   Management companies shall inform the competent authorities concerned about the planned termination of the operation of a branch established in another Member State, and shall provide those competent authorities with all the following information:

(a)

the name, email address and telephone number of the person or persons who will be responsible for the process of terminating the operation of the branch;

(b)

the schedule for the planned termination;

(c)

the details of and processes proposed for winding down the business operations, including details about how investor interests will be protected, complaints will be resolved, and any outstanding liabilities will be discharged.

Article 5Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

This Regulation shall apply from 25 June 2024.

5 articles

Cite this act

Commission Delegated Regulation (EU) 2024/911 of 15 December 2023 supplementing Directive 2009/65/EC of the European Parliament and of the Council with regard to regulatory technical standards specifying the information to be notified in relation to the cross-border activities of management companies and undertakings for collective investment in transferable securities (UCITS) (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32024R0911

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