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The Open-Ended Investment Companies Regulations 2001
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Exemptions from liability to be voidU.K.
62.—(1) This regulation applies to any provision, whether contained in the instrument of incorporation of an open-ended investment company or in any contract with the company or otherwise—
(a)which exempts any officer of the company or any person (whether or not an officer of the company) employed by the company as auditor from, or indemnifies him against, any liability which by virtue of any rule of law would otherwise attach to him in respect of any negligence, default, breach of duty or breach of trust of which he may be guilty in relation to the company; or
(b)which exempts the depositary of the company from, or indemnifies him against, any liability for any failure to exercise due care and diligence in the discharge of his functions in respect of the company.
(2) Except as provided by the following paragraph, any such provision is void.
(3) [F1Except in the case of the depositary of an AIF (as to which see regulations 29 to 32 of the Alternative Investment Fund Managers Regulations 2013), this regulation] does not prevent a company—
(a)from purchasing and maintaining for any such officer, auditor or depositary insurance against any such liability; or
(b)from indemnifying any such officer, auditor or depositary against any liability incurred by him—
(i)in defending any proceedings (whether civil or criminal) in which judgment is given in his favour or he is acquitted; or
(ii)in connection with any application under regulation 63 in which relief is granted to him by the court.
Textual Amendments
F1Words in reg. 62(3) substituted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 10(3)
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