PART III CORPORATE CODE

Organs

No duty to enquire as to capacity etc.40

Subject to regulation 39(4)(b)(ii), a party to a transaction with an open-ended investment company is not bound to enquire—

a

as to whether the transaction is permitted by these Regulations, FSA rules or the company’s instrument of incorporation; or

b

as to any limitation on the powers referred to in regulation 39(1)(a) or (b).