Regulatory Compliance

In its capacity as external manager, MNK Capital Management Ltd can serve as the appointed Regulatory Compliance Officer for its managed funds.  We ensure that the funds we manage are compliant with all applicable legal and regulatory requirements, including:

  • The Cyprus Alternative Investment Funds Law of 2018 L.124(I);
  • The Cyprus Alternative Investments Fund Managers Law (consolidated up to L.157(I)/2021);
  • EU Directive 2011/61 on Alternative Investment Fund Managers (the “AIFMD”);
  • EU Commission Delegated Regulation 231/2013, supplementing Directive 2011/61/EU with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision of Alternative Investment Fund Managers;
  • Common Reporting Standard (“CRS”);
  • Foreign Account Tax Compliance Act (“FATCA”);
  • Laws and Directives regarding the prevention of Money Laundering (“ML”) and Terrorist Financing (“TF”); and
  • Latest relevant circulars, directive or amending laws issued by CySEC.

Our Regulatory Compliance Officer services, for the funds under our management, include the following:

  • Assume full responsibility before CySEC;
  • Development and implementation of a risk-based compliance monitoring plan;
  • Updating the Compliance monitoring plan in order to ensure that it remains aligned to the risk profile of the managed funds as these may change from time to time;
  • Monitoring and assessment, on a regular basis, of the adequacy and effectiveness of the measures, policies and procedures in place and any actions taken to address any deficiencies in the managed funds’ compliance with their obligations under the AIFM Law, CySEC Directives and other applicable regulations;
  • Drafting of the Annual Report of the Compliance Officer;
  • Follow up on previous years’ Compliance Officer’s Annual Reports and ensure findings have been addressed to a satisfactory manner;
  • Conducting periodical reviews of the procedures followed by the officers, employees and other professionals involved in the activities of the managed funds to ensure compliance with applicable legislation;
  • Review of any marketing material for the promotion and distribution of the managed funds’ units/shares. Ensuring that the marketing and distribution of shares/units of managed funds are compliant to the relevant CySEC directives;
  • Review of Investor Key Information documents and/or Prospectuses of the managed funds (authorized/ to be authorised or registered/to be registered by CySEC or other competent authorities);
  • Respond to or address queries posed by CySEC or other authorities
  • Monitor adherence to regulatory limits;
  • Ensure regulatory returns are prepared by the designated persons, prepared in accordance to the applicable regulatory guidelines/requirements and submitted within the regulatory deadlines;
  • File notifications to CySEC where/when necessary;
  • Preparing applications to CySEC for amending/extending the license of managed funds (e.g., closed ended to open ended, partnership to variable capital company, single scheme to umbrella structures, adding more investment compartments).

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MNK CAPITAL MANAGEMENT LTD (“Company”) is authorized and regulated by the Cyprus Securities and Exchange Commission (“CySEC”) with authorization number AIFM  60/56/2013. The information contained on this website is provided for general information and does not constitute an offering or legal or other professional advice, nor does it constitute any form of personal recommendation. Accordingly, information on this website is merely intended to raise awareness of issues relating to the Company’s business and by accessing this information you shall be deemed to accept and agree to be bound by the terms of this notice. Information contained on this website is subject to change without notice. It is therefore advisable that the user reviews this Disclaimer and any other notices on this website on a regular basis so that the user is aware of any such amendments of modifications. The distribution of information contained within this website may be restricted in certain jurisdictions by law or regulation and, accordingly, parties who access it are required to inform themselves of any comply with any such restrictions that might apply. Parties interested in accepting any service detailed within this website should inform themselves as to: (i) the legal and regulatory requirements within their country of nationality, residence or domicile; (ii) the tax consequences which might be relevant to the Company’s fund management services; and (iii) any other requirement or restriction which they may encounter. Therefore, the use of any information of materials on this website is entirely at your own risk, for which we expressly exclude liability to the fullest extent permitted by law. It shall be your own responsibility to ensure that any services or information available through this website meet your specific local requirements and/or restrictions. The entire contents of https://mnkcapitalmanagement.com/ are subject to copyright with all rights reserved. You may download or print individual sections of the site for your personal use and information only provided that you retain all copyright and other proprietary notices. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the site without the prior written permission of the Company. The information contained withing this website is of a general nature and further information should be sought by contacting us with your specific requirements. This website uses cookies. If you continue without changing your settings, we will assume that you are happy to receive all cookies on this website.