ARTICLE
8 February 2019

Clarification Of Reporting Obligations Of Alternative Investment Funds

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Elias Neocleous & Co LLC

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Elias Neocleous & Co LLC is the largest law firm in Cyprus and a leading firm in the South-East Mediterranean region, with a network of offices across Cyprus (Limassol, Nicosia, Paphos), Belgium (Brussels), Czech Republic (Prague), Romania (Budapest) and Ukraine (Kiev). A dynamic team of lawyers and legal experts deliver strategic legal solutions to clients operating in key industries across Europe, Asia, the Middle East, India, USA, South America, and China. The firm is renowned for its expertise and jurisdictional knowledge across a broad spectrum of practice areas, spanning all major transactional and market disciplines, while also managing the largest and most challenging cross-border assignments. It is a premier practice of choice for leading Cypriot banks and financial institutions, preeminent foreign commercial and development banks, multinational corporations, global technology firms, international law firms, private equity funds, credit agencies, and asset managers.
The Cyprus Securities and Exchange Commission has issued a circular (C295 dated 30 January 2019) to managers of Alternative Investment Funds (AIFs) it authorises and to Registered Alternative Investment Fund Managers clarifying their reporting obligations under articles 4(3)(d) and 31 of the AIFM Law.
Cyprus Finance and Banking

The Cyprus Securities and Exchange Commission has issued a circular (C295 dated 30 January 2019) to managers of Alternative Investment Funds (AIFs) it authorises and to Registered Alternative Investment Fund Managers clarifying their reporting obligations under articles 4(3)(d) and 31 of the AIFM Law, particularly as  regards to the inception date of the fund, which is linked with its first reporting date.

Specifically, although the inception date is defined as "the date the AIF started business", for purposes of reporting, the AIF Reporting Template should be completed and submitted even in cases where the AIF has not started any business. In this case, the license or establishment date (in the event where the AIF is established after its license date) should be indicated as the inception date.

The reporting requirements apply to all Cyprus-based AIFMs and self-managed AIFs whose total assets under management exceed the thresholds of articles 4(2)(a) or 4(2)(b) of the Alternative Investment Fund Managers Law ('AIFM Law') as the case may be, or which have opted in to the reporting regime under article 4(6).

The circular is available on the CySEC website via this link.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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