Article 349 General criteria for CIUsX1
United Kingdom
CIUs shall be eligible for the approach set out in Article 350, where all the following conditions are met:
- (a)
the CIU's prospectus or equivalent document shall include all of the following:
- (i)
the categories of assets in which the CIU is authorised to invest;
- (ii)
where investment limits apply, the relative limits and the methodologies to calculate them;
- (iii)
where leverage is allowed, the maximum level of leverage;
- (iv)
where concluding OTC financial derivatives transactions or repurchase transactions or securities borrowing or lending is allowed, a policy to limit counterparty risk arising from these transactions;
- (i)
- (b)
the business of the CIU shall be reported in half-yearly and annual reports to enable an assessment to be made of the assets and liabilities, income and operations over the reporting period;
- (c)
the shares or units of the CIU shall be redeemable in cash, out of the undertaking's assets, on a daily basis at the request of the unit holder;
- (d)
investments in the CIU shall be segregated from the assets of the CIU manager;
- (e)
there shall be adequate risk assessment of the CIU, by the investing institution;
- (f)
CIUs shall be managed by persons supervised in accordance with F1United Kingdom legislation which implemented Directive 2009/65/EC or equivalent legislation.
Annotations
Textual amendments
- F1
Words in Art. 349(f) substituted (31.12.2020) by The Capital Requirements (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1401), regs. 1(3), 163 (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
Editorial notes
Notes on the whole EU Regulation
Textual amendments
- F1
Regulation revoked (1.1.2024 for the revocation of Art. 92b, 1.1.2026 for the revocation of Arts. 6(1a), 11(3a), 12a, 18(1) (in part), 25-35, 37-47, 47a(1)(2), 47c-79a, 81(1)(a)(i)-(iic)(b)(c)(2), 82(a)(i)-(iic)(b)(c), 83-91, 92a, 466, 468, 469a, 471, 473-474, 476, 479, 480, 482-491, 494-494b, otherwise prosp.) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 1 (with s. 1(4)); S.I. 2023/779, reg. 5(b)(i); S.I. 2025/873, reg. 4(b) (with regs. 6, 7) (as amended by S.I. 2025/1293, reg. 2)