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Commission Delegated Regulation (EU) No 231/2013Show full title
Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision (Text with EEA relevance)
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- Revised 01/04/20201.17 MB
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Commission Delegated Regulation (EU) No 231/2013, SECTION 2 is up to date with all changes known to be in force on or before 02 January 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Chapter IV Section 2:
- Regulation revoked by 2023 c. 29 Sch. 1 Pt. 3
SECTION 2U.K.General criteria for assessing the prudential regulation and supervision applicable to depositaries in third countriesF1...
Article 84U.K.Criteria for assessing prudential regulation and supervision applicable to a depositary in a third country
F2... The effectiveness of prudential regulation and supervision applicable to a depositary in a third country whether it has the same effect as that provided for under [F3the law applicable in the United Kingdom, or in any part of the United Kingdom] and its effective enforcement shall be assessed against the following criteria:
(a)
the depositary is subject to authorisation and ongoing supervision by a public competent authority with adequate resources to fulfil its tasks;
(b)
the law of the third country lay down criteria for authorisation as a depositary that have the same effect as those laid down for access to the business of credit institutions or investment firms within [F4the United Kingdom];
(c)
the capital requirements imposed on the depositary in the third country have the same effect as those applicable in [F5the United Kingdom] depending on whether the depositary is of the same nature as [F6a credit institution or investment firm incorporated in, or formed under the law of any part of, the United Kingdom];
(d)
the operating conditions applicable to a depositary in the third country have the same effect as those laid down for credit institutions or investment firms within [F7the United Kingdom] depending on the nature of the depositary;
(e)
the requirements regarding the performance of the specific duties as AIF depositary established in the law of the third country have the same effect as those provided for in [F8rules 3.11.4, 3.11.5, 3.11.9, 3.11.20, 3.11.21 and 3.11.23 to 3.11.30 of the Investment Funds sourcebook, regulations 29 to 32 of the AIFM Regulations 2013, and Articles 85 to 102 of this Regulation];
(f)
the law of the third country provides for the application of sufficiently dissuasive enforcement actions in the event of breach by the depositary of the requirements and conditions referred to points (a) to (e).
Textual Amendments
F2Words in Art. 84 omitted (31.12.2020) by virtue of The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 33(2)(a)(i) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 84 substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 33(2)(a)(ii) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 84(b) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 33(2)(b) (as amended by S.I. 2019/325, reg. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 84(c) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 33(2)(c)(i) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 84(c) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 33(2)(c)(ii) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 84(d) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 33(2)(d) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 84(e) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 33(2)(e) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Words in Ch. 4 Section 2 heading omitted (31.12.2020) by virtue of The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 33(1) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)
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