X1PART THREECAPITAL REQUIREMENTS
TITLE IV OWN FUNDS REQUIREMENTS FOR MARKET RISK
CHAPTER 2 Own funds requirements for position risk
Section 6 Own funds requirements for CIUs
Article 349 General criteria for CIUs
CIUs shall be eligible for the approach set out in Article 350, where all the following conditions are met:
- (a)
the CIU's prospectus or equivalent document shall include all of the following:
- (i)
the categories of assets in which the CIU is authorised to invest;
- (ii)
where investment limits apply, the relative limits and the methodologies to calculate them;
- (iii)
where leverage is allowed, the maximum level of leverage;
- (iv)
where concluding OTC financial derivatives transactions or repurchase transactions or securities borrowing or lending is allowed, a policy to limit counterparty risk arising from these transactions;
- (i)
- (b)
the business of the CIU shall be reported in half-yearly and annual reports to enable an assessment to be made of the assets and liabilities, income and operations over the reporting period;
- (c)
the shares or units of the CIU shall be redeemable in cash, out of the undertaking's assets, on a daily basis at the request of the unit holder;
- (d)
investments in the CIU shall be segregated from the assets of the CIU manager;
- (e)
there shall be adequate risk assessment of the CIU, by the investing institution;
- (f)
CIUs shall be managed by persons supervised in accordance with F1United Kingdom legislation which implemented Directive 2009/65/EC or equivalent legislation.