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Article 349 General criteria for CIUsX1

United Kingdom

Original text. Later amendments are not shown.

CIUs shall be eligible for the approach set out in Article 350, where all the following conditions are met:

  1. (a)

    the CIU's prospectus or equivalent document shall include all of the following:

    1. (i)

      the categories of assets in which the CIU is authorised to invest;

    2. (ii)

      where investment limits apply, the relative limits and the methodologies to calculate them;

    3. (iii)

      where leverage is allowed, the maximum level of leverage;

    4. (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;

  2. (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;

  3. (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;

  4. (d)

    investments in the CIU shall be segregated from the assets of the CIU manager;

  5. (e)

    there shall be adequate risk assessment of the CIU, by the investing institution;

  6. (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

X1

Substituted by Corrigendum to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

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)