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Regulation (EU) No 345/2013 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (Text with EEA relevance)
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- Revised 01/03/20180.26 MB
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There are outstanding changes not yet made to Regulation (EU) No 345/2013 of the European Parliament and of the Council. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 14:
- Regulation power to modify conferred by 2023 c. 29 s. 3 Sch. 1 Pt. 1
- Regulation revoked by 2023 c. 29 Sch. 1 Pt. 1
- Art. 14(1) word substituted by S.I. 2019/333 reg. 5(1)(a)(i)
- Art. 14(1) word substituted by S.I. 2019/333 reg. 5(1)(a)(ii)
- Art. 14(2) word substituted by S.I. 2019/333 reg. 5(1)(b)
- Art. 14(3) word substituted by S.I. 2019/333 reg. 5(1)(c)(ii)
- Art. 14(3) words substituted by S.I. 2019/333 reg. 5(1)(c)(i)
- Art. 14(3) words substituted by S.I. 2019/333 reg. 5(1)(c)(iii)
- Art. 14(4) word substituted by S.I. 2019/333 reg. 5(1)(b)
- Art. 14(5) words substituted by S.I. 2019/333 reg. 5(1)(d)
- Art. 14(6) word substituted by S.I. 2019/333 reg. 5(1)(b)
- Art. 14(6) word substituted by S.I. 2019/333 reg. 5(1)(e)(i)
- Art. 14(6) word substituted by S.I. 2019/333 reg. 5(1)(e)(ii)
- Art. 14(7)(8) substituted by S.I. 2019/333 reg. 5(1)(f)
- Art. 14(9) omitted by S.I. 2019/333 reg. 5(1)(g)
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Pt. 3 modified by S.I. 2019/333 reg. 11(3)
- Pt. 3B modified by S.I. 2019/333 reg. 11(3)
- Signature words omitted by S.I. 2019/333 reg. 6(3)
- Art. 2(1)(a) words substituted by S.I. 2019/333 reg. 3(2)(a)(i)
- Art. 2(1)(b) words substituted by S.I. 2019/333 reg. 3(2)(a)(ii)
- Art. 2(1)(c) words substituted by S.I. 2019/333 reg. 3(2)(a)(iii)
- Art. 3(a) words substituted by S.I. 2019/333 reg. 3(3)(a)
- Art. 3(b) words inserted by S.I. 2019/333 reg. 3(3)(c)(i)
- Art. 3(b)(iii) words substituted by S.I. 2019/333 reg. 3(3)(c)(ii)
- Art. 3(d) substituted by S.I. 2019/333 reg. 3(3)(d)
- Art. 3(e)(v) inserted by S.I. 2019/333 reg. 3(3)(e)(ii)
- Art. 3(e)(iv) words substituted by S.I. 2019/333 reg. 3(3)(e)(i)
- Art. 3(i) words substituted by S.I. 2019/333 reg. 3(3)(f)
- Art. 3(k)-(n) omitted by S.I. 2019/333 reg. 3(3)(g)
- Art. 3(o)-(r) and words inserted by S.I. 2019/333 reg. 3(3)(h)
- Art. 3(aa) inserted by S.I. 2019/333 reg. 3(3)(b)
- reg. 10(4) modified by S.I. 2019/333 reg. 11(3)
- Art. 14(1)(d) omitted by S.I. 2019/333 reg. 5(1)(a)(iii)
- Art. 14a(2)(d) omitted by S.I. 2019/333 reg. 5(2)(b)(ii)
- Art. 21(1)(c) word substituted by S.I. 2019/333 reg. 5(7)(a)
- Art. 21(1)(d) word substituted by S.I. 2019/333 reg. 5(7)(a)
- Art. 21(2)(b) word substituted by S.I. 2019/333 reg. 5(7)(a)
Article 14U.K.
1.Managers of qualifying venture capital funds that intend to use designation ‘EuVECA’ for the marketing of their qualifying venture capital funds shall inform the competent authority of their home Member State of their intention and shall provide the following information:
(a)the identity of the persons who effectively conduct the business of managing qualifying venture capital funds;
(b)the identity of the qualifying venture capital funds, the units or shares of which are to be marketed and their investment strategies;
(c)information on the arrangements made for complying with the requirements of Chapter II;
(d)a list of Member States where the manager of a qualifying venture capital fund intends to market each qualifying venture capital fund[F1.]
[F2((e)] F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.The competent authority of the home Member State shall only register the manager of a qualifying venture capital fund if the following conditions are met:
(a)the persons who effectively conduct the business of managing qualifying venture capital funds are of sufficiently good repute and are sufficiently experienced also in relation to the investment strategies pursued by the manager of a qualifying venture capital fund;
(b)the information required under paragraph 1 is complete;
(c)the arrangements notified according to point (c) of paragraph 1 are suitable for complying with the requirements of Chapter II[F1.]
[F2((d)] F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.Registration under this Article shall be valid in the entire territory of the Union and shall allow managers of qualifying venture capital funds to market qualifying venture capital funds under the designation ‘EuVECA’ throughout the Union.
[F34. The competent authority of the home Member State shall inform the manager as referred to in paragraph 1 whether it has been registered as a manager of a qualifying venture capital fund no later than two months after it has provided all the information referred to in that paragraph.
5. A registration in accordance with this Article shall constitute a registration for the purposes of Article 3(3) of Directive 2011/61/EU in respect of the management of qualifying venture capital funds.
6. A manager of a qualifying venture capital fund as referred to in this Article shall notify the competent authority of the home Member State of any material changes to the conditions for its initial registration in accordance with this Article before such changes are implemented.
If the competent authority of the home Member State decides to impose restrictions or reject the changes referred to in the first subparagraph, it shall inform the manager of the qualifying venture capital fund, within one month of receipt of notification of those changes. The competent authority may extend that period by up to one month where it considers this to be necessary due to the specific circumstances of the case, after having notified the manager of the qualifying venture capital fund. The changes may be implemented if the relevant competent authority does not oppose the changes within the relevant assessment period.
7. In order to ensure the uniform application of this Article, ESMA may develop draft regulatory technical standards to further specify the information to be provided to the competent authorities in the application for registration as set out in paragraph 1 and to further specify the conditions as set out in paragraph 2.
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
8. In order to ensure the uniform application of this Article, ESMA may develop draft implementing technical standards on standard forms, templates and procedures for the provision of information to the competent authorities in the application for registration set out in paragraph 1 and the conditions set out in paragraph 2.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
9. ESMA shall organise and conduct peer reviews in accordance with Article 30 of Regulation (EU) No 1095/2010 in order to strengthen the consistency of the registration processes carried out by competent authorities pursuant to this Regulation.]
Textual Amendments
F1 Substituted by Regulation (EU) 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds (Text with EEA relevance).
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