Collective Investment Schemes

Transcription

1 Collective Investment Schemes COLL TP 1 Extra time provisions Existing schemes electing to comply with COLL 1 Each and every R Expired rule in COLL 1A Each and every R The rules in COLL do not apply to any From Februrule in COLL relevant party in relation to an au- February ary 2007 thorised fund where the winding up of 2007 the fund has commenced before 12 February 2007, provided that each relevant party shall continue to comply with the provisions of CIS as if they still applied to them. 2 Each and every G Expired rule in COLL 3 Each and every R rule in COLL Expired 4 Each and every G Expired rule in COLL 5 COLL R to R Expired (Restrictions of business for UCITS management companies) 6 COLL R to G Expired (Restrictions of business for UCITS management companies) 7 COLL , R Expired and (Committees and delegation). Release 31 Sep COLL TP 1/1

2 8 COLL 6.2 (dealing); R COLL 6.3 (Valuation and pricing); (Valuation) and 16 (Table: contents of the prospectus) Expired 9 COLL 6.2 (dealing); G Expired COLL 6.3 (Valuation and pricing); COLL R (Valuation) and COLL R 16 (Table: contents of the prospectus) 10 FEES R R Expired Definition of relevant party 11 COLL R Expired 12 COLL R R Expired 13 COLL R R Expired 14 Amendments to R (1) [expired] COLL made by the Collective Investment Schemes Sourcebook (UC- ITS Eligible Assets Directive and Other Amendments) Instrument 2008 [expired] (3) [expired] 15 Amendments to R Expired COLL R made by the Collective Investment Schemes COLL TP 1/2 Release 31 Sep 2018

3 Sourcebook (Amendment No 5) Instrument COLL 4.5 and COLL R Expired R to COLL 8.3.5E R 17 COLL 4.5.5R (1)(a)(iv) R Expired and COLL 4.5.9R (9A) [Note: article 118 of the UCITS Directive] 18 Each and every R Expired rule in COLL that relates to key investor information 19 COLL R R Expired COLL R COLL R 20 G Expired COLL R COLL R COLL R 21 COLL 4.2.5R (3)(qa) R Expired 22 COLL 4.6.8R(8)(d) R Expired 23 COLL R and R Expired COLL R 24 COLL 8.3.4R R Expired 25 COLL 3 to COLL 8 R Expired 26 COLL 3 to COLL 8 D Expired 27 COLL 3 to COLL 8 G Expired 28 COLL R(3)(ca) R Expired 29 Amendments to R [expired] each and every rule in COLL made by the Collective Investment Schemes (Accounting Amend- Release 31 Sep COLL TP 1/3

4 ments) (No 2) Instrument Amendments to R (1) [expired] each and every rule in COLL made [expired] by the Collective (3) The authorised fund manager must 1 March 1 March Investment make a record of that election and re until Schemes (Acdate tain it for a period of six years from the years from counting Amendthe it takes effect. the date ments) (No 2) Inelection relevant strument 2015 takes place 31 COLL 4.2.5R(8)(f), R [expired] (g) and (h), and COLL 4.2.5R(28) 32 COLL 4.2.5R(8)(f) R (1) The authorised fund manager of a From and (g)(i) and (ii) non-ucits retail scheme need not, for March 2016 March any prospectus issued before 18 March until , comply with COLL 4.2.5R(8)(f), (g)(i) March 2017 and (ii). 33 COLL 4.5.7R(7) R [expired] The prospectus must, however, contain a description of the depositary s principal business activity. 34 COLL 4.7.2R(a) R (1) Paragraph applies to any key in- From and (6A) vestor information document drawn up March 2016 March by an authorised fund manager before until March March 2017 The authorised fund manager need not amend the key investor information document until it is revised as a result of a subsequent revision of the key investor information falling after 18 March 2016, and only if the information required by COLL 4.7.2R(a) and (6A) is available to the authorised fund manager at the time of that revision. COLL TP 1/4 Release 31 Sep 2018

5 35 The changes set R The changes to the COLL provisions in 18 March 18 out in Annex F of column do not apply to an EEA UCITS 2016 until March the UCITS V Direct- management company in respect of a the earlier 2016 ive Instrument UCITS scheme managed by it and the pro- of: 2016 to COLL visions continue to apply as they were in 6.6.4R and (7), force at 17 March (1) the date of applica- COLL 6 Annex 1R and tion of the COLL R(1) UCITS level 2 regulation; and the date the EEA UC- ITS management company enters into a depositary agreement in respect of the scheme that is compliant with the terms of the UCITS level 2 regulation 36 COLL 6.6A.8R R A management company may continue From to retain a depositary that does not March 2016 March meet the requirements in COLL 6.6A.8R if until the depositary was appointed before 18 March 2018 March COLL 6.6B.8R and A depositary that does not meet the re- From COLL 6.6B.11R quirements in COLL 6.6B.8R and COLL March 2016 March 6.6B.11R may continue to act as deposit- until ary of a UCITS scheme if it was ap- March 2018 pointed before 18 March COLL 4.2.5AG G An authorised fund manager of a UCITS From Sepscheme or a non-ucits retail scheme September tember does not need to comply with the 2016 until 2016 sions of the Securities Financing Transac- 12 July tions Regulation referred to in COLL AG for: (1)a sub-fund that was constituted before 12 January 2016 if the scheme is an umbrella; and a scheme that was constituted before 12 January 2016, if the scheme is not an umbrella. Release 31 Sep COLL TP 1/5

6 [Note: article 33(c) of the Securities Financing Transactions Regulation] 39 COLL 8.3.4AG G An authorised fund manager of a quali- From Sepfied investor scheme does not need to September tember comply with the provisions of the Securit until 2016 ies Financing Transactions Regulation re- 12 July ferred to in COLL 8.3.4AG for: 2017 (1)a sub-fund that was constituted before 12 January 2016 if the scheme is an umbrella; and a scheme that was constituted before 12 January 2016, if the scheme is not an umbrella. [Note: article 33(c) of the Securities Financing Transactions Regulation] 40 COLL 3.2.6R(8) and R An authorised fund manager is not re- From 1 Oc- From 1 COLL R(3)(d) quired to update existing statements in tober 2016 October the instrument constituting the fund con- to 30 Sep cerning use of the derogation at COLL tember R(3) due to the amendments to the 2019 following provisions by the Collective Investment Schemes Sourcebook (Amendment No 9) Instrument 2016 until it is updated for other purposes: (a) COLL 3.2.6R(8) and (b) COLL R (3)(d). 41 COLL 3.2.6R(15) R An authorised fund manager is not re- From 1 Oc- From 1 quired to update the instrument consti- tober 2016 October tuting the fund due to the amendment to 30 Sep to COLL 3.2.6R(15) until it is updated for tember other purposes COLL 4.2.5R(3)(i) R An authorised fund manager is not re- From 1 Oc- From 1 and quired to update existing statements in tober 2016 October COLL R(3)(d). the prospectus concerning use of the de- to 30 Sep rogation under COLL R(3) due to the tember amendments to the following provisions 2017 by the Collective Investment Schemes Sourcebook (Amendment No 9) Instrument 2016 until it is updated for other purposes: (a) COLL 4.2.5R(3)(i) (subject to COLL TP1.1 (43)) and (b) COLL R(3)(d). COLL TP 1/6 Release 31 Sep 2018

7 43 COLL 4.2.5R(3)(i), R An authorised fund manager of a non- From 1 Oc- From 1 COLL 5.6.7R(1), COLL UCITS retail scheme is not required to tober 2016 October 5.6.8R, and COLL comply with the amendments to the to 30 Sep R rules in column in relation to govern- tember ment and public securities made by the 2017 Collective Investment Schemes Sourcebook (Amendment No 9) Instrument COLL 4.2.2R, COLL R An authorised fund manager is not re- From 1 Oc- From R, and COLL quired to update the prospectus due to tober 2016 October 4.2.6G. the amendments to the following to 30 Sep sions by the Collective Investment tember Schemes Sourcebook (Amendment No 9) 2017 Instrument 2016 until it is updated for other purposes: (a) COLL 4.2.2R(aa) (b) COLL 4.2.5R(aa); (c) COLL 4.2.5R(2B)(b); (d) COLL 4.2.5R(b); (e) COLL 4.2.5R(16)(b)(v); (f) COLL 4.2.5R(18)(b)(i); (g) COLL 4.2.5R(19); (h) COLL 4.2.5R(20); and (i) COLL 4.2.6G(7)(a). 45 COLL 8.3.2R and R An authorised fund manager is not re- From 1 Oc- From 1 COLL 8.3.4R quired to update the prospectus due to tober 2016 October the amendments to the following to 30 Sep sions by the Collective Investment tember Schemes Sourcebook (Amendment No 9) 2017 Instrument 2016 until it is updated for other purposes: (a) COLL 8.3.2R(1A); (b) COLL 8.3.4R(1A); (c) COLL 8.3.4R(14)(3); and (d) COLL 8.3.4R(17). 46 The rules and R An authorised fund manager of a non- From 1 Jan- 1 Januguidance in COLL UCITS retail scheme and an ICVC that is a uary 2018 ary 2018 that relate to a non-ucits retail scheme may comply until 19 NURS-KII with the provisions in column using a February document. key investor information document (as 2018 modified by a general direction from the FCA) created before 1 January 2018 if it: (1) had dispensation from the FCA through a modification by consent to market units of the non-ucits retail Release 31 Sep COLL TP 1/7

8 scheme using that document until 1 January 2018; and decides to draw up a NURS-KII document, instead of a key information document, in accordance with COLL 4.7 after 1 January COLL 4.3.4R; COLL R A new type of payment out of scheme From 3 Jan- 3 Janu R; COLL property, which is introduced by a firm uary 2018 ary R(1) and to facilitate the operation of a research until 3 Janupayment account under COBS 2.3B.3R, ary 2020 does not constitute a fundamental change under COLL 4.3.4R or COLL 8.3.6R(1) requiring prior approval by meeting. Such a change will however constitute a significant change under COLL 4.3.6R and COLL 8.3.6R requiring pre-event notification. Amendments to COLL made by the Money Market Funds Regulation Instrument Each and every R A scheme which satisfies the conditions From July rule in COLL in either COLL 5.9.3R or COLL 5.9.5R imme- July 2018 to 2018 amended or de- diately before 21 July 2018, and in re- 21 March leted by the spect of which an application for au Money Market thorisation as a regulated money market Funds Regulation Instrument 2018 fund needs to be submitted by 21 January 2019 in accordance with article 44 of the Money Market Funds Regulation, shall continue to comply with the provisions of the COLL sourcebook that apply to it, or in relation to it, as at 20 July 2018 until such time as it is a regulated money market fund. COLL TP 1/8 Release 31 Sep 2018