One of the more contentious aspects of AIFMD is the Directive’s depositary requirements. The AIFMD depositary requirements are driven by a combination of the domicile of the manager, the fund and the approach taken to marketing the regulated AIF.
Only EU AIFM managing are subject to the full depositary regime, whereby a single depositary is required to perform the three core depositary duties of safe keeping of assets, cash flow monitoring and oversight. Under this model, the depositary is required to take on the strict liability for loss of financial instruments.
However, EU AIFM managing a non-EU AIF and marketing (defined broadly as at the initiative of the manager either directly or indirectly through a third party) via private placement as opposed to reverse solicitation (at the initiative of the investor) are subject to a ‘depositary-light’ or ‘depolite’ regime. This requires the AIFM to “ensure one or more entities are appointed to carry out” the three core depositary duties noted above.
Because strict liability does not apply and multiple firms can be used this has been called the ‘depo-lite’ model. The Tracker will, in particular, monitor the development of ‘depo-lite’ service providers as well as full depositaries. It will seeking to find out if AIFMD’s ‘depo-lite’ services turn out to be a just a regulatory box ticking exercise or something that could be of real value to investors.
Harmonic Fund Services
Jason Bechard – Senior Fund Accountant
T: +353 1 440 7362
jason.bechard@harmonic.ky
www.harmonicfundservices.com
IQ-EQ
Know how Know you
Sherizia Razzaque, Group Marketing Lead, Segments,
T: +230 213 8917
Sherizia.Razzaque@iqeq.com
Justin Partington, Group Head of Funds,
T: +352 466111 3852
justin.partington@iqeq.com
https://iqeq.com
JTC Fund Services
Kobus Cronje, Managing Director – Guernsey
T: +44 1481 704 745
Kobus.Cronje@jtcgroup.com
www.jtcgroup.com
Prescient Fund Services
Irish regulated, independent Fund Administration
Hayden Reinders, Head of Business Development and Client Management
T: +27 21 700 5363
hayden.reinders@prescient.co.za
www.prescient.co.za
C3 Post Trade Limited
Your Single Window to Operational Efficiency
Luke Spencer-Wilson, Head of Relationship Management
T: 07887 647769
lsw@c3posttrade.com
www.c3posttrade.com
FM Consult
Fleming McGillivray & Co. Compliance Solutions
Dallas J. McGillivray, Managing Director
T: +44 (0)20 7220 9073
dmgillivray@fmconsult.co.uk
www.fmconsult.co.uk
Fuchs Asset Management
Timothe Fuchs, CEO
T: +352 26 26 49 39
timothe.fuchs@fuchsgroup.com
www.fuchsgroup.com
IQ-EQ
Know how Know you
Sherizia Razzaque, Group Marketing Lead, Segments,
T: +230 213 8917
Sherizia.Razzaque@iqeq.com
Justin Partington, Group Head of Funds,
T: +352 466111 3852
justin.partington@iqeq.com
https://iqeq.com
JTC Global AIFM Solutions S.A
Louis Lamotte, Managing Director, JTC Global AIFM Solutions S.A
T: +352 27 17 28 43
Louis.Lamotte@jtcgroup.com
www.jtcgroup.com
ONE
Steve Bernat, Founding Partner
T: +352 661 787 803
steve.bernat@one-gs.com
www.one-gs.com/
Prescient Fund Services
UCITS and AIFMD ManCo and Platform Services
Hayden Reinders, Head of Business Development and Client Management
T: +27 21 700 5363
hayden.reinders@prescient.co.za
www.prescient.co.za
MJ Hudson Quantitative Solutions
Risk reporting
Max Hilton, Managing Director
T: +44 (0)1481 231815
info@clarusrisk.com
www.clarusrisk.com
RiskSystem
Risk Management Solutions
Simon O'Sullivan,
T: +353 1 551 4471
simon.osullivan@risksystem.com
www.risksystem.com