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[F1PART 4BU.K.TAX ELECTED FUNDS

Textual Amendments

CHAPTER 2U.K.ENTRY INTO AND MEMBERSHIP OF THE TAX ELECTED FUNDS REGIME

Application for this Part to applyU.K.

Contents of application under regulation 69Z49U.K.

69Z51.—(1)  An application must include the following information.

(2) An existing fund application must specify the accounting period from the beginning of which the application seeks to apply this Part to the fund (the “specified accounting period”).

(3) An existing fund application must be accompanied by—

(a)a statement by the manager of the authorised investment fund that the TEF conditions are reasonably expected to be met in respect of the fund throughout the specified accounting period;

(b)the following documents relating to the fund—

(i)the instrument constituting the fund, and

(ii)its prospectus;

(c)a statement by the manager as to whether or not this Part has previously applied to the fund and where this Part has previously applied that statement must include—

(i)the dates of entry and cessation, and

(ii)a statement by the manager that a termination notice has never been issued in respect of the fund;

(d)a statement by the manager that either—

(i)shareholder or unit holder consent to the application is not required, or

(ii)shareholder or unit holder consent has been given, in which case the statement must specify the date of the shareholder or unit holder resolution giving consent;

(e)a copy of the application to the [F2appropriate regulator] for approval for any changes in the instrument constituting the fund and its prospectus; and

(f)copies of any documents accompanying the application mentioned in sub-paragraph (e) to the extent that those documents do not fall within sub-paragraphs (a) to (d).

(4) A future fund application must specify the date it is expected the fund will be established and authorisation given and seek to apply this Part to the proposed fund from that date.

(5) A future fund application must be accompanied by—

(a)a statement by the applicant that the TEF conditions are reasonably expected to be met in respect of the proposed fund throughout its first accounting period;

(b)the following documents relating to the proposed fund—

(i)the proposed instrument constituting the fund, and

(ii)its F3... prospectus F4... ;

(c)a copy of the application to the [F5appropriate regulator] for authorisation of the proposed fund as an authorised investment fund; and

(d)copies of any documents accompanying the application mentioned in sub-paragraph (c) to the extent that those documents do not fall within sub-paragraphs (a) and (b).]

Textual Amendments

F3Word in reg. 69Z51(5)(b)(ii) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Authorised Investment Funds (Tax) (Amendment) Regulations 2010 (S.I. 2010/294), regs. 1(1), 23(4)(a)

F4Words in reg. 69Z51(5)(b)(ii) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Authorised Investment Funds (Tax) (Amendment) Regulations 2010 (S.I. 2010/294), regs. 1(1), 23(4)(b)