Advanced Search

Amendments To The Alternative Investment Fund Managers And The Law

Original Language Title: Grozījumi Alternatīvo ieguldījumu fondu un to pārvaldnieku likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: the alternative investment fund managers and law making to the alternative investment fund managers and law (Latvian journal, 2013, 142, 192. no) the following amendments: 1. Express article 1, point 20 as follows: "20) Manager of the host Member State, the Member State in which Member State Manager manages and distributes the funds of the Member State or Member States, foreign fund investment in parts, but this country is not the Manager of the Member State of origin or the Member State in which Member State Manager provides in article 5 of this law in the seventh and eighth such services, but this country is not the Manager of the home Member State; ". 2. Make article 3 of the second paragraph by the following: "(2) the law regulates also the Manager: 1) Manager that wants to use the name" European venture capital fund ", in so far as the provisions of the regulation of the European Parliament and of the Council of 17 April 2013 Regulation (EU) no 345/2013 for European risk capital funds (hereinafter Regulation No 345/2013); 2) Manager that wants to use the name "the European Social Fund in the business", in so far as the provisions of the regulation of the European Parliament and of the Council of 17 April 2013 Regulation (EU) no 346/13 of the European Social Fund in the business (hereinafter Regulation No 346/2013); 3) Manager that wants to use the name "European long-term investment fund", in so far as the provisions of the regulation of the European Parliament and of the Council of 29 April 2015 Regulation (EU) No 2015/760 for European long-term investment funds (hereinafter Regulation No 2015/760). " 3. in article 5: Add to sixth after the words "the only ancillary services" with the words "and this article on the seventh and eighth such services"; replace the sixth paragraph, the words "article" with the words "the law"; to supplement the article with seventh, eighth, ninth and tenth by the following: "(7) licensed to an external Manager can make an investor's portfolio of financial instruments in the management of the individual in accordance with the mandate of the investor, if this portfolio consists of one or several financial instruments market law article 3, second paragraph of financial instruments. (8) If a licensed external Manager is allowed to give this article the seventh part of the services, it may provide advice on investments in financial instruments market law article 3, second paragraph of financial instruments, take part of the contribution from the funds and the investment certificates of investment funds holding and administration, as well as the adoption and release of investor orders on transactions with financial instruments. (9) licensed to an external Manager may not give only the eighth such services, if under this Act is not permitted to give this article the seventh part of the services. (10) licensed to an external Manager, which is authorized to provide the seventh part of this article in question, may be made up of private pension funds to the pension plan management according to the law "on private pension funds '." 4. in article 6: make a fifth by the following: "(5) in addition to the first part of this article said legislation for a venture capital fund manager who wants to use the name" European venture capital fund ", to comply with Regulation No 345/2013, the manager who wants to use the name" European Social Fund "of business, comply with Regulation No 346/2013, but a manager who wants to use the name" European long-term investment fund ", — Regulation No 2015/760."; replace the sixth paragraph, the words and figures "of this in chapters IX and X of the law" with the words and figures "and chapter XI IX of this law". 5. Make article 9 the third paragraph as follows: "(3) if the Manager Administration and operation of the existing fund assets reaches or exceeds about one article 7 of this law the criteria referred to in the first subparagraph, the manager shall act in accordance with Regulation No. 231/2013 article 4." 6. To express the eighth part of article 10, paragraph 2 as follows: "2) if intended to leverage financing — policy lever funds Manager, including information about the circumstances in which the Fund may be used to leverage funding, allowed to leverage financing transaction types and sources, with leverage funding risks, leverage funding restrictions and conditions on the Fund's assets and reuse, leverage the maximum amount of funding that Manager is entitled to use the name of the Fund, as well as the following about the selection procedure and limit; ". 7. in article 16: make an eighth of the following: "(8) a total of fixed costs arrangements laid down by Regulation No 575/2013."; replace the 14th part in point 1 the words "leverage funding and investment part atpakaļpirkšan five years" with the words "use of leverage financing or investment part atpakaļpirkšan earlier than five years"; replace the 14th paragraph of part 2, the words "leverage funding and rights of investors to sell back part of investment during the five years" with the words "use of leverage financing or the right investors to sell back part of investment earlier than five years"; to supplement the article with the fifteenth part as follows: "(15) Manager who is entitled to provide the article 5 of this law in the seventh and eighth, these services operate in and implemented the investment brokerage firms in certain capital requirements and the requirements of consolidated supervision." 8. Article 18: make the first part as follows: "(1) if the manager wants to provide new services, article 5 of this law in the seventh and eighth such service or opt out of any extra services or this law, article 5, in the seventh and the eighth provision of that service, it shall present to the Commission appropriate application."; Add to the introductory part of the second paragraph, after the words "new services" with the words "and the number or of article 5 of this law on the seventh and eighth" of that service; replace the second part of paragraph 2, the word "services" with the words "services"; adding to the third paragraph after the words "to provide ancillary services" with the words "and the number or of article 5 of this law in the seventh and eighth such services". 9. Supplement article 22 with the fourth paragraph as follows: "(4) If a licensed external Manager is authorised to provide in article 5 of this law in the seventh and eighth, that the services in addition to the first, second and third requirements set out in part follow and comply with the following requirements: 1) entering service, a written contract concluded with the customer for the provision of the service; 2) before the conclusion of the service, as well as throughout the duration of the contract, to provide customers with sufficient information to allow the assessment of the nature of the service provided and the related financial risks; 3) before the conclusion of the contract shall inform the customer of those disputes laid down in the treaty event, which will be dealt with, and out-of-court settlement of the dispute; 4) shall participate in the investor protection system according to the laws governing it; 5) follow and comply with other requirements, in accordance with the financial instruments market law of investment brokerage firm, which made investors financial instruments portfolio management in accordance with the individual investor empowerment, provide advice on investments in financial instruments, takes investors ' orders on transactions with financial instruments and hand them out or keeping of financial instruments and administration; 6) follow and comply with the law on the financial instruments market investment brokerage firm to determine requirements for the outsourcing of the delegation; 7) do not invest part or all of a customer's financial instruments portfolio in funds managed by its investment part without customer's prior consent. " 10. Add to article 23, first subparagraph, point 3 and 4 with the following: "3) two Manager clients; 4) Fund or other investors and Fund Manager client. " 11. Article 24: to supplement the first subparagraph following the words "risk profile" with the words "as well as on the number and those employees who provide this law, article 5, in the seventh and eighth such services"; to complement the second subparagraph following the words "risk profile" with the words "and the number and for those employees who provide this law, article 5, in the seventh and eighth such services". 12. Article 25 in the seventh paragraph: replace the introductory phrase, the words "in a fund" with the words "in which" the counterparty; excluded in paragraph 3, the words "existing in the management". 13. Replace article 36 in the fourth paragraph, the word "part" with the word "article". 14. in article 41: make the first paragraph by the following: "(1) the portion of the Fund's investment in publicly traded in accordance with the financial instruments market law, in so far as this law provides otherwise. To include the contribution of a Fund share on a regulated market, the Manager of the operations of the Fund rules and the regulatory rules comparable to the prospectus prepared in accordance with the financial instruments market law. "; Add to article 10 by the following: "(10) in Latvia registered investment firm or a credit institution may operate in Latvia or registered in another Member State part of the Fund's contribution to the original release or distribute parts of the investment fund in Latvia in accordance with the requirements laid down in this article is the investor through a distribution agreement with the Manager if the Manager is allowed to distribute the Fund's investments in Latvia. " 15. Article 47: make the first paragraph by the following: "(1) for the custodian of the Fund established in Latvia may be a credit institution registered in Latvia, a Member State or registered in a foreign branch of a credit institution in Latvia, Latvia registered investment company or registered in a Member State or in a foreign country an investment brokerage firm branch in Latvia, entitled to provide investment services and adjacent to the services, including the holding of financial instruments". Add to article 10 by the following: "(10) if the custodian obligations investment brokerage company, in its own capital shall not be less than eur 750 000. 16. Add to article 54, the first paragraph after the words "reasonable grounds" by the words "and it does not avoid the requirements of this law". 17. the second paragraph of article 58: Express (4) as follows: "4) a description of the circumstances in which the Fund may be used to leverage funding, allowed to leverage financing transaction types and sources, with leverage funding risks, any leverage funding restrictions and conditions on the Fund's assets and reuse, as well as the maximum leverage funding, which the Manager is entitled to use the name of the Fund;" Add to paragraph 7, after the words "sworn auditors ' with the words ' external evaluator, if one is attached. 18. Add to article 66 of the fifth in the second sentence by the following: "that decision, the Commission shall inform the Member State of the Fund Manager and the supervisory authority." 19. Supplement article 67 the fifth paragraph after the words "Member States" send "and the Fund Manager". 20. Article 69: put the name of the article as follows: "article 69. Established in another Member State of the Fund Manager or the provision of services, carried out in Latvia licensed Manager "; Add to the introductory part of the second paragraph, after the words "Fund" established by the word and figure "or of article 5 of this law in the seventh and eighth such services"; Add to paragraph 1 the second subparagraph following the words ' Fund Administration "with the words" and the provision of services "; Add to the second paragraph of paragraph 2, after the words "the administration of the Fund" with the words "or services"; express the sixth part as follows: "(6) the Commission shall immediately notify the Manager of the relevant supervisory authority of the host Member State with the information. Manager may start to manage a fund established in another Member State from the date of receipt of the notification by the Commission. " 21. in article 81: Add to the first paragraph following the words and figures "for the supervision of the manager who wants to use the name" European Social Fund "of the business in accordance with Regulation (EC) no 346/2013" with the words and figures "for the supervision of the manager who wants to use the name" European long-term investment funds "in accordance with Regulation No 2015/760; Supplement to the eighth article as follows: "(8) in the light of the cross-border nature of managers to ensure that in all Member States for the application of uniform supervision practices, the Commission has the right to determine the other Manager and the Fund's activities in the areas of regulatory requirements, the European Securities and markets authority guidelines and recommendations to the Manager, and under the supervision of the operations of the funds." 22. Article 82: Add to the first part of paragraph 3 with the following: "3) licensed to an external Manager, which is authorized to provide this law, article 5, in the seventh and eighth such investment services — up to one percent of the Manager's investment service provided gross revenue quarter, but no less than € 711 year."; to make the third and fourth subparagraph by the following: "(3) the Member State licensed Manager branch registered in Latvia, shall pay to the Commission on the monitoring of the activities of the branch in the following order: 1) up to one percent of the branches in Latvia provides funds management services gross revenue in the quarter, but no less than € 2134 per year; 2) up to one percent of the branches of this law article 5, in the seventh and eighth investment services referred to in gross revenue in the quarter, but not less than euro the year 711. (4) a Member State (excluding Latvia) Fund Manager for each Member State the management of the Fund or the Fund's investment in foreign parts distribution in Latvia monitoring Commission to pay a one-time fee of € 1209. " 23. Add to article 86 of the fifth after the number and the words "the requirements of article 23 and the number of" with the words "or who distributes the investment of the Fund of the Member State in breach of part of article 82 of this law in the fourth and sixth requirements." 24. transitional provisions: replace paragraph 5 in number and the word "the" in article 72, with numbers and the word "72, article 73"; exclude paragraph 9, the words "which are identifiable as alternative investment funds within the meaning of this law". 25. To complement the informative reference to directives of the European Union with paragraph 3 by the following: "3) the European Parliament and of the Council on 2014 15 may 2014/65/EC the directive on markets in financial instruments and amending Directive 2002/92/EU directive and 2011/61/EU (text with EEA relevance)". The Parliament adopted the law 2015 October 8. The President r. vējonis 2015 in Riga on October 23.