F1PART 4APROPERTY AIFS
CHAPTER 2ENTRY INTO AND MEMBERSHIP OF THE PROPERTY AIF REGIME
The corporate ownership condition
The corporate ownership condition69K.
(1)
The corporate ownership condition is that the open-ended investment company must meet conditions A to C and (if applicable) condition D at the time that this Part begins to apply to the company and throughout the accounting period.
This is subject to regulation 69L(1).
(2)
Condition A is that no body corporate is beneficially entitled (directly or indirectly) to 10% or more of the net asset value of the fund.
(3)
Condition A is treated as met if—
(a)
the company has taken reasonable steps to prevent a body corporate from acquiring a holding of 10% or more of the net asset value of the fund,
(b)
a body corporate has nevertheless acquired such a holding,
(c)
immediately upon becoming aware of the situation, the company has taken steps to ensure that the holding is reduced below 10% of the net asset value of the fund, and
(d)
the company has continued, with all reasonable speed, to take steps to ensure that the holding is so reduced.
(4)
Condition B is that the company’s instrument of incorporation and its prospectus include provisions under which any body corporate which becomes a F2participant in the company—
(a)
must undertake not to acquire 10% or more of the share capital of the company, and
(b)
must undertake, on becoming aware that it has acquired 10% or more of the share capital of the company, to reduce its holding of that share capital below 10%.
(5)
Condition C is that the company’s instrument of incorporation and its prospectus include provisions under which a body corporate acquiring shares in the company must give a certificate in accordance with paragraph (6) or (7).
(6)
The certificate is a certificate that the body corporate acquiring shares holds the shares as beneficial owner.
(7)
The certificate is a certificate that the body corporate acquiring shares holds some or all of those shares otherwise than as a beneficial owner, but that the body corporate—
(a)
holds less than 10% of the share capital of the company on behalf of itself or any one other corporate beneficial owner, and
(b)
has obtained the undertakings in the terms specified in sub-paragraphs (a) and (b) of paragraph (4) from every other body corporate on whose behalf it owns shares in the company otherwise than as a beneficial owner.
(8)
Condition D is that, in a case in which the body corporate acquiring shares in the company gives a certificate in accordance with paragraph (7), the body corporate acquiring the shares has undertaken to disclose the following information to the manager of the company if the manager so requires—
(a)
the names of any body corporate on whose behalf the body corporate owns shares in the company otherwise than as a beneficial owner, and
(b)
the extent of the holding of that body corporate in the company.