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Investment Fund Reporting Rules, Regulations

Original Language Title: Ieguldījumu fondu pārskatu sagatavošanas normatīvie noteikumi

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Financial and capital market Commission, the provisions of regulations no 241 in Riga on 11 November 2011 (financial and capital market Commission Council meeting No. 43. p.)
Investment fund reporting rules, regulations Issued under the investment management company law the second part of article 72 and 75 of the third paragraph of article i. General requirements 1. "investment fund reporting regulations regulations" (hereinafter-the rules) determine the supervisory functions, the financial account of the balance of payments reporting and preparation of the required report preparation and submission procedures of the investment fund or the investment fund by fund action as well as the Investment Fund's semi-annual report.
2. The rules are binding on the investment management companies, preparing the reports referred to in these provisions of the Republic of Latvia of the administration of the registered investment fund or sub-fund.
3. abbreviations used in the provisions 3.1. Afi-derived financial instrument;
3.2. provisions – Commission FKR 11.11.2011. legislative provisions no 242 "and the Fund's overall risk exposure to a counterparty of the size calculation regulations";
3.3. the Fund, investment fund or sub-fund;
3.4. the Commission-financial and capital market Commission;
3.5. The net asset value;
3.6. RPVS-risk value;
3.7. RTA-not traded on a regulated market;
3.8. RT-traded on a regulated market;
3.9. company-investment management company.
4. the terms used in the rules comply with the investment management company law and Commission rules, regulations 11.11.2011. Nr. 240 "basic information for investors in the preparation of the legislative provisions", and the Commission of the provisions of the FKR 02.05.2007. Regulation No 60 "minimum capital requirements rules" for the use of the term.
5. the society according to the requirements of this regulation for each of its administration established in Latvia existing open investment funds or open investment fund, who founded the Fund, in the case of each sub-fund shall be prepared: 5.1 monthly report: 5.1.1 "Investment Fund asset and liability report" (annex 1);
5.1.2. "trust fund income and expenditure account" (annex 2);
5.1.3. "trust fund net asset movement statement" (annex 3);
5.1.4. investment fund investment portfolio overview "(annex 4);
5.2. the quarterly review of the rules referred to in point 5.1 and 5.2.1. reporting: Overview "Investment Fund total risk" (annex 5);
5.2.2. the report "Investment Fund's risk level of transactions with business partners" (annex 6);
5.2.3. the report "investment fund business concentration" (annex 7);
5.2.4. the report "investment fund loan and a synthetic indicator" (annex 8);
5.3. the half-yearly report, which reflects the information on the financial situation of the Fund and activities from the beginning of the year to 30 June, and drawn up according to the provisions of section VII.
6. the company according to the requirements of this regulation for each of its administration established in Latvia existing closed investment fund or closed investment fund, who founded the Fund, in the case of each sub-fund shall be prepared: 6.1 monthly review of this provision the report referred to in paragraph 5.1;
6.2. the quarterly review of this provision in point 5.1 and paragraph 5.2.4 reports;
6.3. the half-yearly report, which reflects the information on the financial situation of the Fund and activities from the beginning of the year to 30 June, and drawn up according to the provisions of section VII.
7. the report is prepared, subject to the following requirements: 7.1. reports to be used in currency is the monetary unit of the Republic of Latvia, if these rules provide otherwise;
7.2 country code indicates according to the international standard ISO 3166 "countries and their territorial breakdown unit name code";
7.3. currency code according to international standard ISO 4217, "codes for currencies and resources";
7.4. international institutions which are not registered as a resident of one country, such as the European bank for reconstruction and development, European regional development fund, the European investment bank, the bank for international settlements, the name indicates the heading "other securities" of the issuer and the issuer's column "respectively (business partner) country of registration code" indicates the corresponding Eurostat "the preparation of the balance of payments manual" (balance of payments vademecum) international organisation specified two-character code.
8. review and evaluation of the content of the heading corresponds to Commission regulations No 99-19.05.2006. "Trust Fund annual report rules ', if these rules otherwise.
II. investment fund investment portfolio overview 9. "preparation" investment fund investment portfolio report ' financial instruments are financial instruments and RTT in other financial instruments.
10. Investment Portfolio statement specifies the issuer of a financial instrument or counterparty name, ISIN code of securities (International Securities Identification Number), the State in which the regulated market is registered or trading place (hereinafter regulated market), code, issuer or counterparty of the country of registration of the code, the currency in which the investment is made, the code, the investment carrying amount, the carrying amount of the investment ratio of the Fund's assets (in percentage) and fund prospectus (Charter) limit (as a percentage).
11. Review column "the regulated market of the country of registration code" indicates a State where the regulated market of the financial instrument is purchased, code.
12. The review column "the issuer's registration of the counterparty/country code" indicates the country in which the issuer or counterparty or real estate, the code. In cases where, in accordance with the emission prospectus fulfillment of obligations assumed (guaranteed) by another person, the registration point (origin) country code.
13. If the Fund's investments in debt securities issued by credit institutions that comply with investment management company, article 66 of the law in the fourth paragraph, (hereinafter – mortgage bonds) and their value exceeds 5% of the Fund's assets, the carrying amount of the investment and the totals reflect the review column "the investment credit in mortgage bonds issued by more than 5% of the Fund's assets, the total" (heading code 1121).

14. in determining the amount of the investment under the heading "Investment credit in mortgage bonds issued by more than 5% of the Fund's assets, the total" (heading code 1121) and under the heading "investment in securities issued by the issuer of an individual (other than investment management company, article 66 of the law on the second and fourth referred to investments), which exceeds 5% of the amount of the Fund's assets, the total" (heading code 2230), one group company to be regarded as one person and the issuer of the investment securities are summarized.
15. Under "derivative financial instruments with a positive book value" column "carrying amount" displays the AFI positive book value, while AFI negative carrying amounts presented for information purposes, with the minus sign in the statement under "derivative financial instruments with a negative book value" column "book value".
16. Under the "requirements on demand to credit institutions" and "term deposits with credit institutions", the first indicates the credit institution – a custodian.
17. the Fund Enclosed under the heading "investment property" indicates investment property Division upon the State in which the real estate is registered and the Division after the transaction in the currency in which the property is acquired.
18. the Fund Closed in "loans" heading indicates the Fund each borrower loans the carrying amount.
19. Under the heading "other assets" specifies the other positions did not reflect requirements are taken into account in calculating the value of the Fund.
III. Review of an investment fund total risk "20. preparation report ' investment fund total risk" reflects the investment management company, article 66 of the law on the seventh part of the overall risk of the Fund, as calculated pursuant to the requirements of rules FKR
21. the reference column "item name" indicates the type of each of the AFI, taking into account the provisions of title III of the FKR the transactions referred to in the contract breakdown.
22. The review column "Currency code" indicates that the Exchange Fund will receive the transaction code. Currency transaction involved provide the AF currency codes.
23. the reference column "carrying amount" refers to each AF fair value or the carrying amount. A positive value represents the column "active", the negative value, the column "obligation".
24. the report under the heading "transactions in the investment portfolio of the Fund for effective management" indicates each of the asset repurchase transactions or securities lending transaction, and consequently the column "active" reflects the assets sold or loaned the book value, but under "liabilities" amounts of money or security is received in the book value of financial instruments.
25. The report under "AF risk value" indicates each AF the FKR corresponding rules defined risk value. Afi
26. The report under "AF pure risk value" indicates the estimated net value of risk for AF, which reduced the value of risk, taking into account the mutual clearing or risk control measures according to the provisions of the FKR. Other AFI does not fill in this field.
27. the reference column "value-at-risk, AFI AFI pure risk value or exposure value" indicates one of the following values: 27.1. AF, which is not suitable for mutual clearing or risk containment measures, a risk value, calculated in accordance with the provisions of title III of the FKR 2, 3 and 4;
27.2. the AFI, which is suitable for mutual clearing or risk control measures according to the provisions of title III of the FKR the requirements of part 5, the net value of the risk;
27.3. the Fund's investment portfolio transaction, effective control of the risk value, calculated according to the provisions of title III of the FKR-part 6 requirements.
28. the report on the day of preparation of the AFI, AFI risk value net value of risk and investment portfolio of the Fund transaction effective risk management value expressed in the currency of the Fund in accordance with the exchange rate, which indicates the source of the fund prospectus, but if one is not specified, then in accordance with the exchange rate set by the Bank. The specified Exchange rate is used consistently.
29. the company that the Fund's overall risk RPVS method is used for determining appropriate provisions, FKR fill in the report "A", "B", "C", "D", "E" and 1 box and the results of the accounts heading.
IV. Review the trust fund the amount of exposures with the counterparties ' preparation 30. Report ' trust fund the amount of exposures with the counterparties "reflects the investment management company, article 66 of the law of the eighth the exposures referred to in part with the RTA about AFI counterparties, calculated according to the requirements of the rules. FKR
31. the report of the 1 in box "book value", the only positive the RTA AFI type book value total.
32. the company which administers mutual contractual requirements including the AFI concluded the transactions with the same counterparty in accordance with the provisions of paragraph 99 of the FKR requirements, the resulting carrying amount notes to the heading "extent of exposures with the counterparties, application of mutual contractual requirements including".
V. review the "Trust Fund" of transactions 33. preparation of report "investment funds business" reflects the investment management company, article 66 of the law, the eleventh in the part about the transaction or transaction concentration risk of investments of the Fund in transferable securities and money market instruments, deposits and transactions of the Fund with the AFI, which the issuer or the guarantor, or the attractor of deposit transactions, the other party is one and the same person, or one group of companies and calculated according to the requirements of the rules. FKR
34. where a financial instrument covered by the AFI intends to exchange the existing financial instrument to another of the same issuer, financial instruments issued by the calculation includes the greater of the values-base market value of the assets or securities or money market instruments of market value.
Vi. Report debt investment fund "and the" preparation of synthetic 35. Review the section "is NOT on one of the units of each reporting period to the calendar on the last day of the week and the synthetic indicator" open investment fund: 21.8.1 report column "NOT to one investment certificate" refers NOT to one investment certificate for each reporting period of the calendar year concerned, the last day of the week;

35.2.2. ' Synthetic indicator indicates that calendar year, the last day of the week for the synthetic indicators pursuant to Commission regulations 11.11.2011. Regulation No 240 "basic information for investors in the preparation of the legislative provisions".
36. The open investment funds, who registered after this date of entry into force of the provisions, the synthetic indicator points, beginning with the week of the calendar year in which it is registered.
VII. preparation of the semi-annual report 37. the half-yearly report contains the following information that is prepared in accordance with Commission Regulation No 99-19.05.2006. "Trust Fund annual report rules ' requirements (clause specified in brackets) given that the current period is semi-annual: 37.1. statement of assets and liabilities (paragraph 19);
37.2. the income and expenditure account (paragraph 23);
37.3. the annex, which contains at least the following information: 37.3.1. detailed information on the investment (56), in addition to specifying the carrying amount of the investment ratio of the Fund's total assets, expressed as a percentage;
37.3.2. the Fund's net assets (21.8. and 35.6;)
37.3.3. the Fund's investment certificates issued (22.2 and 22.2;)
37.3.4. the Fund's net assets on one investment certificate (22.3. and 35.10;)
37.3.5. the Fund's yield (65.3 and 65.4.;)
37.3.6. relevant information on transactions and events, t.sk. about the changes in the structure of investments during the reporting period;
23.2. the opinion of the Auditor, if any, is provided.
VIII. Reporting 38. Company prepares: 38.1. This provision 5.1. and 6.1. reports referred to in the paragraph about the State the last date of each month and shall be submitted to the Commission until next month's 20. date;
38.2. this rule 5.2 and 6.2 in these reports on the State of the last day of each quarter and shall be submitted to the Commission to review the quarter following 20 months.
39. Monthly and quarterly report prepared for submission to the Commission's regulatory arrangements 14.10.2008 No 146 ' prepared statements electronically submit the legislative provisions ".
40. If the Commission finds that the report has been prepared in error, it will be announced in the report to the applicant. If the Commission has not indicated otherwise, corrected report shall be submitted not later than the working day following notification of the existence of the error from the Commission.
41. the company's half-yearly report shall be submitted to the Commission in electronic form and to ensure that all Fund stakeholders would have the opportunity to become acquainted with the half-yearly report of the Fund investment management company and in accordance with the procedure prescribed by law within the time limit.
IX. Closing questions 42. provisions enter into force 43. Review 31.12.2011 "investment fund loan and a synthetic indicator" section "is not on one of the units of each reporting period to the calendar on the last day of the week and the synthetic" information society starting with financial year indicate that the Commission is first recorded basic information for investors in AIF, first week.
44. With the entry into force of these regulations shall lapse 08.12.2006. The Commission Regulation No. 207 "investment fund reporting rules".
Informative reference to European Union directives, the regulations include provisions resulting from: 1) the European Parliament and of the Council of the 13.07.2009.2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS);
2) European Commission directive 2010/01.07.2010.43/EU of the European Parliament and of the Council directive 2009/65/EC with regard to the organisational requirements, conflicts of interest, professional ethics, risk management, and between the management company and the depositary of the Agreement sealed content.
Financial and capital market Commission Deputy Chairman j. Brazovsk a