Part XXIII U.K. Public Record, Disclosure of Information and Co-operation

[F1 Provision of information to ESMA, the Commission and other EEA States U.K.

Textual Amendments

F1 Ss. 354D-354G and cross-heading inserted (8.12.2016) by The Financial Services and Markets (Disclosure of Information to the European Securities and Markets Authority etc. and Other Provisions) Regulations 2016 (S.I. 2016/1095), regs. 1, 3(3)

354G. Information under the UCITS directive U.K.

(1) The FCA must give the Commission and ESMA—

(a) information about any general difficulties which UKUCITS (within the meaning given in section 237(3)) encounter in marketing their units in a country or territory other than an EEA State; and

(b) the lists referred to in the third sub-paragraph of Article 52.4 of the UCITS directive (categories of bonds and of authorised issuers) and the notice required to be attached to those lists (specifying the status of guarantees offered).

(2) The Treasury must inform the Commission and ESMA—

(a) of the identity of the authority (or authorities) for the time being designated by the Treasury under Article 97.1 of the UCITS directive (designation of authorities competent to carry out duties under that directive);

(b) if more than one authority is designated, of the division of responsibilities between them; and

(c) of the names of the authorities with which the authority (or authorities) so designated may exchange information pursuant to Article 103.1 and 103.4 of the UCITS directive.

(3) The Treasury must also give the information specified in subsection (2)(c) to all other EEA States.

(4) In this section “units” means the rights or interests (however described) of the participants in a UK UCITS.]