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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, [F1FCA 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).
Textual Amendments
F1Words in Regulations substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 41(2)