OpenLegislation

Article 7

United Kingdom

Original text. Later amendments are not shown.

Managers of qualifying venture capital funds shall, in relation to the qualifying venture capital funds they manage:

  1. (a)

    act honestly, fairly and with due skill, care and diligence in conducting their activities;

  2. (b)

    apply appropriate policies and procedures for preventing malpractices that can reasonably be expected to affect the interests of the investors and the qualifying portfolio undertakings;

  3. (c)

    conduct their business activities in such a way as to promote the best interests of the qualifying venture capital funds they manage, the investors therein and the integrity of the market;

  4. (d)

    apply a high level of diligence in the selection and ongoing monitoring of investments in qualifying portfolio undertakings;

  5. (e)

    possess adequate knowledge and understanding of the qualifying portfolio undertakings in which they invest;

  6. (f)

    F1treat their investors fairly. This shall not preclude more favourable treatment of private investors than of a public investor, provided that such treatment is compatible with State aid rules, in particular Article 21 of Commission Regulation (EU) No 651/2014 f1 , and is disclosed in the fund’s rules or instruments of incorporation;

  7. (g)

    ensure that no investor obtains preferential treatment, unless such preferential treatment is disclosed in the rules or instruments of incorporation of the qualifying venture capital fund.

Annotations

Textual amendments

F1

Substituted by Regulation (EU) 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds (Text with EEA relevance).

Footnotes

f1

Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty ( OJ L 187, 26.6.2014, p. 1 ).