Article 6 Duties regarding the carrying out of the UK UCITS' instructionsF2
United Kingdom
A depositary shall be deemed to comply with the requirements set out in F1rule 6.6B.16(3) of the Collective Investment Schemes sourcebook where it establishes and implements at least:
- (a)
appropriate procedures to verify that instructions of the management company or the investment company comply with applicable laws and regulations and with the UK UCITS' rules and instruments of incorporation;
- (b)
an escalation procedure where the UK UCITS has breached one of the limits or restrictions referred to in second subparagraph.
For the purposes of point (a), the depositary shall in particular monitor the UK UCITS' compliance with investment restrictions and leverage limits to which the UK UCITS is subject. The procedures referred to in point (a) shall be proportionate to the nature, scale and complexity of the UK UCITS.
Annotations
Textual amendments
- F1
Words in Art. 6 substituted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 60(10) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Word in Regulation substituted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 60(2) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)