Rules for Investment Services Providers & related Guidance Notes


Introduction To The Investment Services Rules For Investment Services Providers

Introduction
Table of Contents

Part A – The Application Process

Part A - The Application Process

Self-Assessment Questionnaires:

Self-Assessment Questionnaire for Fund Managers and Self-Managed Collective Investment Schemes applying for an AIFM Licence
Self-Assessment Questionnaire for Fund Managers and Self-Managed Collective Investment Schemes applying as de minimis Licence Holders
Schedule A1 - Application Form for an Investment Services Licence (Compatible with Microsoft Office 2010)
Schedule A2 – Application Form for an Investment Services Licence as an Alternative Investment Fund Manager
Schedule A3 - MiFID II Application Form - Data Reporting Services Providers
Schedule B - Application Form for Registration of Tied Agents
Schedule C - Financial Resources Statement

Schedule D – Provision of cross-border services under freedom to provide services:

Schedule DI - Notification Letter for Investment Services Licence Holders wishing to provide cross-border services under the freedom to provide services in another EU or EEA Member State
Schedule DII - Notification Letter for UCITS Management Companies wishing to provide cross-border services under the freedom to provide services in another EU or EEA Member State
Schedule DIII – Notification Letter for AIFMs wishing to provide cross-border services under the freedom to provide services in another EU or EEA Member

Schedule E – Provision of cross-border services via the establishment of a branch:

Schedule EI - Notification Letter for Investment Services Licence Holders wishing to provide cross-border services via the establishment of a branch in another EU or EEA Member State
Schedule EII: Notification Letter for UCITS Management Companies wishing to provide cross-border services via the establishment of a branch in another EU or EEA Member State
Schedule EIII – Notification Letter for AIFMs wishing to provide cross-border services via the establishment of a branch in another EU or EEA Member State
Schedule F - Personal Questionnaire
Schedule G - Questionnaire for qualifying shareholders other than individuals

Part B – Standard Licence Conditions – Applicable To Licence Holders With Effect From 1 January 2014

Part BI - Standard Licence Conditions applicable to Investment Services Licence Holders which qualify as MiFID Firms (applicable up to 2 January 2018)
Part BII - Standard Licence Conditions applicable to Investment Services Licence Holders which qualify as UCITS Management Companies (applicable up to 2 January 2018)
Part BIII – Standard Licence Conditions applicable to Investment Services Licence Holders which qualify as Alternative Investment Fund Manager (applicable up to 2 January 2018)
Part BIV – Standard Licence Conditions applicable to Investment Services Licence Holders which qualify as Custodians of Collective Investment Schemes (applicable up to 2 January 2018)
Appendix 1A - Financial Resources Requirements and Guidance on the compilation of the Financial Return for Category 1, Category 2 (which qualify as Fund Managers) and Category 4b Investment Services Licence Holder
Appendix 1B - Capital Resources Requirement and Guidance on the compilation of the automated COREP Return for Category 2 (which qualify as MiFID Firms), Category 3 and Category 4a Investment Services Licence Holders
Appendix 1C - Capital Buffers Requirement Applicable to Category 3 Investment Services Licence Holders
Annex 1 to Appendix 1 – Specimen Subordinated Loan Agreement
Appendix 2
Appendix 2A - Financial Return for Category 1 & Category 4b (only)
Appendix 2B - Financial Return for Fund Managers
Appendix 2C - Automated COREP Return
Appendix 2D – Financial Return for Custodians
Appendix 3 - Consolidated Capital Resources Requirement and Guidance on the compilation of the automated COREP Return for Consolidations
Appendix 4 - Technical Criteria on the Disclosure Requirements for Investment Services Licence Holders
Appendix 5 - Penalties
Appendix 6 - Insurance Covers
Appendix 7 - Record Keeping
Appendix 8 - Transaction Reporting
Appendix 9 - Definition of 'Close Links'
Appendix 10 – Requirements on Risk Management and Internal Capital Adequacy Assessment for Investment Services Licence Holders
Appendix 11 - Supplementary Licence Conditions on Risk Management, Counterparty Risk Exposure and Issuer Concentration
Appendix 12 – Remuneration Policy
Appendix 13 – Transparency Requirements
Annex 1 – AIFM - Specific Information to be reported (Article 3(3) and Article 24(1) AIFMD)
Annex 2 – AIF - Specific Information to be reported (Article 3(3) and Article 24(1) AIFMD)
Annex 3 – AIF - Specific Information to be reported (Article 24(2) AIFMD)
Annex 4 – AIF - Specific Information to be reported (Article 24(4) AIFMD)
Annex 5 – Information on AIFs managed by the AIFM
Appendix 14 – Results of Stress Tests – Risk Management Function - Deleted
Appendix 15 – Results of Stress Tests – Liquidity Management Function - Deleted
(Note: Appendices 14 and 15 are being deleted since the information required is being reported in Sections 279 and 280 of Annex 3 of Appendix 13)
Appendix 16 - Complaints handling
Appendix 17 - Notified AIFs
AIFM Notification Form
(a) Annex I: Pro-Forma Prospectuses
Pro-Forma Prospectus of a multi-fund limited liability company with variable share capital
Pro-Forma Prospectus of a Master-Feeder
Pro-Forma Prospectus of a Contractual Fund
(b) Annex II: Resolution of the governing body of the AIF
(c) Annex III: AIFM self-certification
(d) Annex IV: Declaration Form for the AIFM and the governing body of the AIF
(e) Annex V: Declaration Form for AIFM regarding due diligence undertaken on the AIF’s service providers and governing body