Arrêté royal concernant les exigences prudentielles applicables aux OPCC et aux sociétés de gestion d’OPC alternatifs

On 27 December 2023, Royal Decree of 12 December 2023 approving the FSMA Regulation of 15 November 2023 on prudential requirements for management companies of collective investment undertakings meeting the conditions of Directive 2009/65/EC and alternative investment fund managers, and the FSMA Regulation of 15 November 2023 on periodic information concerning prudential requirements for management companies of collective investment undertakings meeting the conditions of Directive 2009/65/EC and alternative investment fund managers was published in the Belgian Official Gazette.
Article 1 of the present Royal Decree of 12 December 2023 states that both FSMA regulations of 15 November 2023 on prudential requirements for management companies, and on periodic information concerning prudential requirements for management companies of collective investment undertakings meeting the conditions of Directive 2009/65/EC and alternative investment fund managers are approved.
Article 2 specifies that the Royal Decree of 12 December 2023 entered into force on the day of its publication in the Belgian Official Gazette, hence on 27 December 2023.
The Royal Decree of 12 December 2023 comprises two Annexes, each one containing one respective FSMA Regulation of 15 November 2023:
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#### Annex I
##### FSMA Regulation on the prudential requirements applicable to management companies of collective investment undertakings which meet the conditions of Directive 2009/65/EC and to management companies of alternative collective investment undertakings
This FSMA regulation concerns prudential requirements for management companies of collective investment undertakings meeting the conditions of Directive 2009/65/EC and alternative investment fund managers, outlining provisions regarding capital adequacy, coefficients, solvency standards, liquidity requirements, consolidated supervision, information to be published, as well as reporting requirements. It came into force on 1 January 2024.
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#### Annex II
##### FSMA Regulation on periodic information relating to prudential requirements applicable to management companies of collective investment undertakings which meet the conditions of Directive 2009/65/EC and to management companies of alternative collective investment undertakings
This FSMA regulation concerns periodic information relating to prudential requirements for management companies of collective investment undertakings meeting the conditions of Directive 2009/65/EC and alternative investment fund managers stipulates reporting obligations for such entities regarding compliance with prudential requirements. It includes instructions and tables for reporting on various requirements and outlines the transmission modalities for these reports. This regulation abrogates the previous regulation on periodic information relating to the solvency of management companies of collective investment undertakings. It came into force on 1 January 2024.