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2022-09-20

Regulations amending Finansinspektionen’s regulations regarding alternative investment fund managers

Finansinspektionen amended its regulations on alternative investment fund managers to require AIF managers receiving funds with reporting obligations to apply specific investment services rules. The amendments also mandate that AIF managers of special funds submit quarterly summaries detailing holdings, net asset value, fees, and various risk exposures such as counterparty and group exposure. These summaries must be submitted to the regulator by the fourteenth day of the following month, or the twentieth day for funds approved under specific provisions, with the regulations entering into force on January 1, 2021.

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Finansinspektionen’s Regulatory Code Publisher: Finansinspektionen, Sweden, www.fi.se ISSN 1102-7460 This translation is furnished solely for information purposes. Only the printed version of the regulation in Swedish applies for the application of the law. 1 Regulations amending Finansinspektionen’s Regulations (FFFS 2013:10) regarding alternative investment fund managers; decided on 17 November 2020. Finansinspektionen prescribes pursuant to section 5, points 2 and 22 of the Alternative Investment Fund Managers Ordinance (2013:587) that Chapter 10, section 2; Chapter 16, section 6; and the heading immediately preceding Chapter 16, section 6 of Finansinspektionen’s regulations (FFFS 2013:10) regarding alternative investment fund managers shall have the following wording. Chapter 10 Section 2 An AIF manager that as part of its operations receives funds with a reporting obligation in accordance with Chapter 3, section 2a of the Alternative Investment Fund Managers Act (2013:561) shall apply Chapter 6, sections 2–5, 10– 13 and 21–23 of Finansinspektionen’s regulations (FFFS 2017:2) regarding investment services and activities. Chapter 16 Reporting of holdings, fees and risks for special funds Section 6 An AIF manager that manages special funds, for each special fund the company manages, shall show a summary as per the last banking day in each quarter of the fund’s holdings of the assets that are set out in the Swedish UCITS Act (2004:46), the net asset value, other assets and liabilities in the fund, and the unit value. The summary shall also contain information about

  1. standard deviation,
  2. management fee,
  3. performance-based fee,
  4. type of fund,
  5. benchmark index,
  6. active risk, FFFS 2020:26 Published on 23 November 2020

FFFS 2020:26 2 7. deposits of funds in accounts at credit institutions, 8. counterparty exposure for OTC derivatives, and 9. exposure to groups. The summary shall be prepared and submitted to Finansinspektionen in accordance with the instructions on the authority’s website. Finansinspektionen shall have received the summary no later than on the fourteenth day of the following month or – for a special fund that received approval from Finansinspektionen pursuant to Chapter 12, section 6 of the Alternative Investment Fund Manager Act (2013:561) – no later than the twentieth day of the following month.

These regulations shall enter into force on 01 January 2021. ERIK THEDÉEN Angelica Thornquist Lavicka

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