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Valid from 01/07/2011
Textual Amendments
F1Ch. 5A inserted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), reg. 2(26)
(1)The operator of a UK UCITS may not invest a higher proportion of the property which is subject to the collective investment scheme constituted by that UCITS in units of another UCITS than is permitted by rules made by the Authority implementing Article 55 of the UCITS directive unless the investment is approved by the Authority in accordance with this section.
(2)An application for approval under subsection (1) of an investment must be made by the operator of the UK UCITS in such manner, and accompanied by such information, as is required by rules made by the Authority.
(3)The Authority must grant an application made under subsection (2) if it is satisfied—
(a)that the UCITS, its operator, trustee or depositary and auditor and the UCITS in which it proposes to invest, and its operator, have complied with—
(i)the requirements laid down in Chapter VIII of the UCITS directive, and
(ii)any other requirements imposed by the Authority in relation to the application;
(b)in a case where the application is made by the operator of a feeder UCITS in respect of the investment of the proceeds of the winding-up of its master UCITS, that the proceeds of the winding up are to be paid to the feeder UCITS before the date on which the investment is to be made.
(4)In a case within subsection (3)(b), approval must be subject to the conditions in subsections (5) and (6).
(5)The first condition is that the feeder UCITS is to receive the proceeds of the winding-up—
(a)in cash; or
(b)wholly or partly in assets other than cash in a case where the feeder UCITS so elects and each of the following so permits—
(i)the decision of the master UCITS that it should be wound up;
(ii)the trust deed or instrument of incorporation of the feeder UCITS; and
(iii)either the agreement between the feeder UCITS and its master UCITS, or the internal conduct of business rules operated by the feeder UCITS and the master UCITS in accordance with rules made by the Authority.
(6)The second condition is that cash received by the feeder UCITS in accordance with paragraph (5)(a) may not be reinvested before the date on which the feeder UCITS proposes to invest in the new UCITS, except for the purpose of efficient cash management.
(7)The Authority must, within 15 working days of the date on which the Authority had received all the information required in relation to the application, give written notice to the operator—
(a)that the Authority approves its application, or
(b)that the Authority objects to the application.
(8)Following receipt of notice that the Authority objects to the application, the operator may refer the Authority's decision to the Tribunal.
(1)An authorised person who is the management company in relation to a UCITS must report to the Authority at specified intervals of not more than 12 months about any investment in derivative instruments during the specified period to which the report relates.
(2)The report must be in the specified form and contain the specified information.
(3)The Authority must review the regularity and completeness of the information provided by each management company under subsection (1).
(4)In this section, “specified” means specified—
(a)in rules made by the Authority to implement the UCITS directive, or
(b)in any directly applicable Community regulation or decision made under the UCITS directive.]