PART II FORMATION, SUPERVISION AND CONTROL

Alterations

Procedure when refusing approval of proposed changes22

1

If the Authority proposes to refuse approval of a proposal to replace the depositary, or any director, of an open-ended investment company, it must give a warning notice to the company.

2

If the Authority proposes to refuse approval of any other proposal falling within regulation 21, it must give separate warning notices to the company and its depositary.

3

To be valid the warning notice must be received by that person before the end of one month beginning with the date on which notice of the proposal was given.

4

If, having given a warning notice to a person, the Authority decides to refuse approval—

a

it must give him a decision notice; and

b

he may refer the matter to the F2Upper Tribunal.

5

If, having given a warning notice to a person, the Authority decides to approve the proposal, it must give him a F1written notice.