Part XVII Collective Investment Schemes

Chapter III Authorised Unit Trust Schemes

Alterations

C1I1251 Alteration of schemes and changes of manager or trustee.

C2F1A1

This section applies where the manager of an authorised unit trust scheme proposes—

a

to make an alteration to the scheme, other than an alteration—

i

to which section 252A applies; or

ii

to which Part 4 of the Undertakings for Collective Investment in Transferable Securities Regulations 2011 (mergers) applies; or

b

to replace its trustee.

1

The manager must give written notice of the proposal to the F2FCA.

2

Any notice given in respect of a proposal to alter the scheme involving a change in the trust deed must be accompanied by a certificate signed by a solicitor to the effect that the change will not affect the compliance of the deed with the trust scheme rules.

C33

The trustee of an authorised unit trust scheme must give written notice to the F2FCA of any proposal to replace the manager of the scheme.

4

Effect is not to be given to any proposal of which notice has been given under subsection (1) or (3) unless—

a

the F2FCA, by written notice, has given its approval to the proposal; or

b

one month, beginning with the date on which the notice was given, has expired without the manager or trustee having received from the F2FCA a warning notice under section 252 in respect of the proposal.

5

The F2FCA must not approve a proposal to replace the manager or the trustee of an authorised unit trust scheme unless it is satisfied that, if the proposed replacement is made, the scheme will continue to comply with the requirements of section 243(4) to (7).