# Commission Delegated Regulation (EU) 2016/438 of 17 December 2015 supplementing Directive 2009/65/EC of the European Parliament and of the Council with regard to obligations of depositaries (Text with EEA relevance), Article 1: Definitions

Extent: E+W+S+N.I.

For the purpose of this Regulation, the following definitions shall apply:
(a)‘link’ means a situation in which two and more natural or legal persons are either linked by a direct or indirect holding in an undertaking which represents 10 % or more of the capital or of the voting rights or which makes it possible to exercise a significant influence over the management of the undertaking in which that holding subsists;
(b)‘group link’ means a situation in which two or more undertakings or entities belong to the same group within the meaning of Article 2(11) of Directive 2013/34/EU of the European Parliament and of the Council or international accounting standards adopted in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council;
(c)‘Collective Investment Schemes sourcebook’ means the Collective Investment Schemes sourcebook made under the Financial Services and Markets Act 2000 by the competent authority, as it has effect on 1 January 2022;
(d)‘competent authority’ means the Financial Conduct Authority;
(e)‘CRR firm’ has the meaning given in Article 4(1)(2A) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26th June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;
(f)‘management company’ has the meaning given in section 237(2) of the Financial Services and Markets Act 2000;
(g)‘third country’ means any country other than the United Kingdom;
(h)‘UK UCITS’ has the meaning given in section 237(3) of the Financial Services and Markets Act 2000.

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Source: https://www.legislation.gov.uk/eur/2016/438/article/1 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-438/article-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

