Search Legislation

Open-Ended Investment Companies Regulations (Northern Ireland) 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Interpretation

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations –

“the Act” means the Financial Services and Markets Act 2000(1);

“the 1986 Order” means the Companies (Northern Ireland) Order 1986(2);

“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989(3);

“annual general meeting” has the meaning given in regulation 37(1);

“annual report” has the meaning given in regulation 66(1)(a);

“authorisation order” means an order made by the Authority under regulation 14;

“bearer shares” has the meaning given in regulation 48;

“court” means the High Court;

“depositary”, in relation to an open-ended investment company, has the meaning given in regulation 5(1);

“the designated person” means the person designated in the company’s instrument of incorporation for the purposes of paragraph 3 of Schedule 4;

“FSA rules” means any rules made by the Authority under regulation 6(1);

“larger denomination share” has the meaning given in regulation 45(5);

“officer”, in relation to an open-ended investment company, includes a director or any secretary or manager;

“open-ended investment company” means a body incorporated by virtue of regulation 3(1) or a body treated as if it had been so incorporated by virtue of regulation 84(3)(a);

“prospectus” has the meaning given in regulation 6(2);

“relevant provision” means any requirement imposed by or under the Act;

“register of shareholders” means the register kept under paragraph 1(1) of Schedule 3;

“registrar” means the registrar of companies appointed under Article 653 of the 1986 Order;

“scheme property”, in relation to an open-ended investment company, means the property subject to the collective investment scheme constituted by the company;

“share certificate” has the meaning given in regulation 46(1);

“smaller denomination” share has the meaning given in regulation 45(5);

“transfer documents” has the meaning given in paragraph 4(3) of Schedule 4;

“the Tribunal” means the Financial Services and Markets Tribunal;

“the UCITS Directive” means the Council Directive of 20 December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (No. 85/611/EEC)(4); and

“umbrella company” means an open-ended investment company whose instrument of incorporation provides for such pooling as is mentioned in section 235(3)(a) of the Act (collective investment schemes) in relation to separate parts of the scheme property and whose shareholders are entitled to exchange rights in one part for rights in another.

(2) In these Regulations any reference to a shareholder of an open-ended investment company is a reference to –

(a)the person who holds the share certificate, or other documentary evidence of title relating to that share mentioned in regulation 48; and

(b)the person whose name is entered on the company’s register of shareholders in relation to any share other than a bearer share.

(3) In these Regulations, expressions which are also used in the Act have the same meaning as in the Act and expressions which are also used in the 1986 Order have the same meaning as in the 1986 Order.

(4)

O.J. No. L375, 31.12.1985, p. 3-18, as last amended by European Parliament and Council Directive 2001/107/EC (O.J. No. L41, 13.2.2002, p. 20-34) and European Parliament and Council Directive 2001/108/EC (O.J. No. L41, 13.2.2002, p. 35-42)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources