Info
🔗 Back to Summary. 🇫🇷 French Version: 2013R0231_FR.39. Back to Summary of LVL1. Open the PDF. Direct link to EUR-LEX.
Article 38 – Risk management systems ⬅️ | ➡️ Article 40 – Risk management policy
Références LVL1 <=> LVL2
Level 1 reference(s): 2011L0061_EN.15
Article 39 - Permanent risk management function
1.
An AIFM shall establish and maintain a permanent risk management function that shall:
(a)
implement effective risk management policies and procedures in order to identify, measure, manage and monitor on an ongoing basis all risks relevant to each AIF’s investment strategy to which each AIF is or may be exposed;
(b)
ensure that the risk profile of the AIF disclosed to investors in accordance with point (c) of EU is consistent with the risk limits that have been set in accordance with Article 44 of this Regulation;
(c)
monitor compliance with the risk limits set in accordance with Article 44 and notify the AIFM’s governing body and, where it exists, the AIFM’s supervisory function in a timely manner when it considers the AIF’s risk profile inconsistent with these limits or sees a material risk that the risk profile will become inconsistent with these limits;
(d)
provide the following regular updates to the governing body of the AIFM and where it exists the AIFM’s supervisory function at a frequency which is in accordance with the nature, scale and complexity of the AIF or the AIFM’s activities:
(i)
the consistency between and compliance with the risk limits set in accordance with Article 44 and the risk profile of the AIF as disclosed to investors in accordance with EU;
(ii)
the adequacy and effectiveness of the risk management process, indicating in particular whether appropriate remedial measures have been or will be taken in the event of any actual or anticipated deficiencies;
(e)
provide regular updates to the senior management outlining the current level of risk incurred by each managed AIF and any actual or foreseeable breaches of any risk limits set in accordance with Article 44, so as to ensure that prompt and appropriate action can be taken.
2.
The risk management function shall have the necessary authority and access to all relevant information necessary to fulfil the tasks set out in paragraph 1.