Regulation 69P Form and timing of notice under regulation 69OF1

United Kingdom

(1)

A notice under regulation 69O must be given in writing to the Commissioners.

(2)

An existing company notice must be given at least 28 days before the beginning of the specified period.

This is subject to the following paragraphs of this regulation.

(3)

A future company notice must be given at least 42 days before the date of the expected incorporation and authorisation.

This is subject to the following paragraphs of this regulation.

(4)

A notice under regulation 69O may be withdrawn or amended at any time before it takes effect—

(a)

by the manager (in the case of an existing company notice), or

(b)

by the applicant (in the case of a future company notice).

(5)

If a notice under regulation 69O is amended before it is due to take effect, regulation 69O shall apply to the amended notice.

(6)

But if HM Revenue and Customs give notice that they are satisfied that the amended notice is valid, the amended notice shall take effect as if given on the date of the original notice.

(7)

An existing company notice may be given at any time before the beginning of the specified period if—

(a)

HM Revenue and Customs have given clearance under regulation F29B, and

(b)

the manager of the open-ended investment company certifies that there have been no changes in substance between—

(i)

the form in which the company’s instrument of incorporation and its prospectus were considered by HM Revenue and Customs before giving the clearance, and

(ii)

the form in which it is proposed that those documents will apply at the beginning of the specified period.

(8)

A future company notice may be given at any time before the proposed company is authorised and incorporated if—

(a)

HM Revenue and Customs have given clearance under regulation F39B, and

(b)

the applicant certifies that there have been no changes in substance between—

(i)

the form in which the proposed company’s instrument of incorporation and its prospectus were considered by HM Revenue and Customs before giving the clearance, and

(ii)

the form in which it is proposed that those documents will apply at the time when the proposed company is authorised.

Annotations

Textual amendments

F1: Pt. 4A inserted (6.4.2008) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2008 (S.I. 2008/705), regs. 1, 5
F2: Word in reg. 69P(7)(a) substituted (1.9.2009) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2009 (S.I. 2009/2036), regs. 1, 19(a)
F3: Word in reg. 69P(8)(a) substituted (1.9.2009) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2009 (S.I. 2009/2036), regs. 1, 19(b)