CP12/32: Implementation of the Alternative ... - BVCA admin

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BIPRU 730k firm Page 39 of 91 Appendix 1 has the meaning in BIPRU 1.1.21R (Types of investment firm: BIPRU 730K firm) which in summary is a BIPRU investment firm that is not a UCITS investment firm collective portfolio management investment firm, a BIPRU 50K firm or a BIPRU 125K firm. BIPRU investment firm has the meaning set out BIPRU 1.1.8R (Definition of a BIPRU investment firm), which is in summary one of the following types of BIPRU firm: … branch ... client money … including a UCITS investment firm collective portfolio management investment firm that is not excluded under BIPRU 1.1.7R (Exclusion of certain types of firm from the definition of BIPRU firm). (i) (in relation to an AIFM) (a) a place of business which is a part of an AIFM, which has no legal personality and which provides the services for which the AIFM has been authorised; (b) for the purpose of (a) all the places of business established in the same EEA State by an AIFM with its registered office in another EEA State shall be regarded as a single branch. [Note: article 4(1)(c) of AIFMD] (2A) (in CASS 6, CASS 7, CASS 7A and CASS 10 and, in so far as it relates to matters covered by CASS 6, CASS 7, or COBS, GENPRU or IPRU(INV) 7) subject to the client money rules, money of any currency: … close links (1) (in relation to MiFID business or in FUND) a situation in which two or more persons are linked by: (a) participation which means the ownership, direct or by way of control, of 20% or more of the voting rights or capital of an undertaking; (b) control which means the relationship between a parent undertaking and a subsidiary, in all the
… Page 40 of 91 Appendix 1 cases referred to in Article 1(1) and (2) of Directive 83/349/EEC, or a similar relationship between any person and an undertaking, any subsidiary undertaking of a subsidiary undertaking also being considered a subsidiary of the parent undertaking which is at the head of those undertakings. [Note: article 4(1)(31) of MiFID] A situation in which two or more persons are permanently linked to one and the same person by a control relationship is also to be regarded as constituting a close link between such persons. [Note: article 4(1)(31) of MIFID and article 4(1)(e) of AIFMD] collateral (1) (in COLL FUND) any form of security, guarantee or indemnity provided by way of security for the discharge of any liability arising from a transaction. … competent authority ... (8) (in relation to an AIF for the purposes of FUND) the national authorities of an EEA State which are empowered by law or regulation to supervise AIFs. counterparty risk (in COLL FUND and in accordance with article 3(7) of the UCITS implementing Directive) the risk of loss for a UCITS or AIF resulting from the fact that the counterparty to a transaction may default on its obligations prior to the settlement of the transaction’s cash flow. depositary (1) … (c) (in relation to any other unit trust scheme other than an AIF) the person holding the property of the scheme on trust for the participants; … (d) (in relation to any other collective investment scheme other than an AIF) any person to whom the property subject to the scheme is entrusted for safekeeping.;
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Consultation Paper CP12/32 Financia
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The Financial Services Authority in
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CP12/32 Implementation of the Alter
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Annex 2 List of consultation questi
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Annex 2 November 2012 CP12/32 Imple
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Page 118 and 119: CP12/32 Implementation of the Alter
Page 124 and 125: ALTERNATIVE INVESTMENT FUND MANAGER
Page 126 and 127: Annex A Making the Investment Funds
Page 128 and 129: Page 5 of 91 Appendix 1 (2) a descr
Page 130 and 131: 3.2.5 R An AIFM must, for each AIF
Page 132 and 133: Page 9 of 91 Appendix 1 (6) the agg
Page 134 and 135: Page 11 of 91 Appendix 1 (4) the id
Page 136 and 137: [Note: article 15(1) of AIFMD] this
Page 138 and 139: (1) a full scope UK AIFM of: (a) a
Page 140 and 141: Page 17 of 91 Appendix 1 (b) the re
Page 142 and 143: experienced; Page 19 of 91 Appendix
Page 144 and 145: Page 21 of 91 Appendix 1 by the fac
Page 146 and 147: Page 23 of 91 Appendix 1 3.11.5 G T
Page 148 and 149: (Own funds requirement). [Note: art
Page 150 and 151: supplements the meaning of financia
Page 152 and 153: instruments remain in its custody;
Page 154 and 155: supplementing this section] 4. Comm
Page 156 and 157: Annex B Amendments to the Glossary
Page 158 and 159: collective portfolio management fir
Page 160 and 161: Page 37 of 91 Appendix 1 non-listed
Page 164 and 165: … Page 41 of 91 Appendix 1 (e) (i
Page 166 and 167: esources only at excessive cost. Pa
Page 168 and 169: Single Market Directive … Page 45
Page 170 and 171: Page 47 of 91 Appendix 1 [Note: art
Page 172 and 173: Page 49 of 91 Appendix 1 7.1.7B In
Page 174 and 175: Page 51 of 91 Appendix 1 [Note: art
Page 176 and 177: [Note: paragraph 1(c) of Annex II o
Page 178 and 179: [Note: paragraph 1(k) of Annex II o
Page 180 and 181: [Note: paragraph 1(r) of Annex II o
Page 182 and 183: Page 59 of 91 (2) the fixed overhea
Page 184 and 185: Page 61 of 91 Appendix 1 amount of
Page 186 and 187: Types of investment firm: BIPRU 50K
Page 188 and 189: The following text is new and is no
Page 190 and 191: Page 67 of 91 Appendix 1 (1) at the
Page 192 and 193: Page 69 of 91 Appendix 1 so that th
Page 194 and 195: TABLE 7.4 PART I A firm must calcul
Page 196 and 197: Note consistently in respect of any
Page 198 and 199: initial capital (see item 5) if the
Page 200 and 201: Form of qualifying subordinated loa
Page 202 and 203: Annex H Amendments to the Supervisi
Page 204 and 205: Descriptio n of data item Annual re
Page 206 and 207: … Data item SUP 16.12.12R, unless
Page 208 and 209: indicated otherwise. Data item Firm
Page 210 and 211: client assets … Page 87 of 91 App
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… Data item SUP 16.12.23R, unless
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FSA066 and FSA06 are added - see fo
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Liquid assets test 32 Liquid assets
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Professional negligence capital req
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is not listed, select ‘Other’.
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FSA067 Capital adequacy - supplemen
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PII capital requirement 5A This is
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External validations Validation Dat
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