AED Sets Filing Deadlines for RC Report and AML/CFT Questionnaire for RAIFs

The Administration de l'Enregistrement, des Domaines et de la TVA (AED), serving as the AML/CFT supervisory authority for non-regulated investment funds, has recently updated its website to announce the filing deadlines for Reserved Alternative Investment Funds (RAIFs). RAIFs are required to submit their annual AML/CFT report of their RC and their AML/CFT questionnaire covering the financial year ending in 2022. This article provides an overview of the deadlines and filing requirements set by the AED.

Filing Deadlines for RAIFs:

1. RC Report for RAIFs:

The RC Report for RAIFs must be submitted to the AED by the RC no later than May 31, 2023, close of business. The AED's website provides a dedicated section outlining the specific items expected to be covered in this report. RAIFs should ensure timely submission of the RC Report, adhering to the provided guidelines.

2. AML/CFT Questionnaire for RAIFs:

RAIFs are also required to submit the AML/CFT Questionnaire to the AED. The questionnaire can be found on the AED's website in a dedicated section. The deadline for submitting the AML/CFT Questionnaire is also May 31, 2023, close of business. The responsibility for submitting the questionnaire lies with the RR, or the RC if mandated by the RR. The dedicated section on the AED's website includes a completion guide to assist with the questionnaire.

Practicalities for Filing:

The relevant sections on the AED's website provide further details regarding the practicalities of filing. This includes information on the naming convention and the designated email address to be used for submission. Investment firma should carefully review the instructions and ensure compliance with the specified guidelines to facilitate a smooth filing process.

Other Non-Regulated AIFs:

It should be noted that the AED's website currently does not provide specific indications for the AML/CFT Questionnaire and RC Report for other non-regulated AIFs, including those under the form of SCSp and SCS. However, it is likely that the AED will extend these filing requirements to other non-regulated AIFs in the coming weeks. Therefore, non-regulated AIFs other than RAIFs should prepare for the possibility of submitting an RC report for the year 2022 and ensure that relevant data covering the year is available to populate the AML/CFT Questionnaire when required.

Conclusion:

RAIFs must adhere to the AED's filing deadlines for the RC Report and AML/CFT Questionnaire for the year 2022. Timely submission is crucial to meet regulatory obligations and maintain compliance with AML/CFT requirements. RAIFs should closely follow the guidelines provided on the AED's website and ensure that all necessary information is included in the RC Report and AML/CFT Questionnaire. Other non-regulated AIFs should anticipate potential filing requirements and prepare accordingly, taking into account the likely extension of these obligations by the AED in the near future.