Search Legislation

Commission Directive 2010/43/EUShow full title

Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company (Text with EEA relevance)

 Help about what version

What Version

 Help about opening options

Opening Options

Close

This is a legislation item that originated from the EU

After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.

Status:

EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

  1. Introductory Text

  2. CHAPTER I SUBJECT-MATTER, SCOPE AND DEFINITIONS

    1. Article 1.Subject matter

    2. Article 2.Scope

    3. Article 3.Definitions

  3. CHAPTER II ADMINISTRATIVE PROCEDURES AND CONTROL MECHANISM

    1. SECTION 1 General principles

      1. Article 4.General requirements on procedures and organisation

      2. Article 5.Resources

    2. SECTION 2 Administrative and accounting procedures

      1. Article 6.Complaints handling

      2. Article 7.Electronic data processing

      3. Article 8.Accounting procedures

    3. SECTION 3 Internal control mechanisms

      1. Article 9.Control by senior management and supervisory function

      2. Article 10.Permanent compliance function

      3. Article 11.Permanent internal audit function

      4. Article 12.Permanent risk management function

      5. Article 13.Personal transactions

      6. Article 14.Recording of portfolio transactions

      7. Article 15.Recording of subscription and redemption orders

      8. Article 16.Recordkeeping requirements

  4. CHAPTER III CONFLICT OF INTERESTS

    1. Article 17.Criteria for the identification of conflicts of interest

    2. Article 18.Conflicts of interest policy

    3. Article 19.Independence in conflicts management

    4. Article 20.Management of activities giving rise to detrimental conflict of interest

    5. Article 21.Strategies for the exercise of voting rights

  5. CHAPTER IV RULES OF CONDUCT

    1. SECTION 1 General principles

      1. Article 22.Duty to act in the best interests of UCITS and their unit-holders

      2. Article 23.Due diligence requirements

    2. SECTION 2 Handling of subscription and redemption orders

      1. Article 24.Reporting obligations in respect of execution of subscription and redemption orders

    3. SECTION 3 Best execution

      1. Article 25.Execution of decisions to deal on behalf of the managed UCITS

      2. Article 26.Placing orders to deal on behalf of UCITS with other entities for execution

    4. SECTION 4 Handling of orders

      1. Article 27.General principles

      2. Article 28.Aggregation and allocation of trading orders

    5. SECTION 5 Inducements

      1. Article 29.Safeguarding the best interests of UCITS

  6. CHAPTER V PARTICULARS OF THE STANDARD AGREEMENT BETWEEN A DEPOSITARY AND A MANAGEMENT COMPANY

    1. Article 30.Elements related to the procedures to be followed by the parties to the agreement

    2. Article 31.Elements related to the exchange of information and to obligations on confidentiality and money-laundering

    3. Article 32.Elements related to the appointment of third parties

    4. Article 33.Elements related to potential amendments and the termination of the agreement

    5. Article 34.Applicable law

    6. Article 35.Electronic transmission of information

    7. Article 36.Scope of the agreement

    8. Article 37.Service level agreement

  7. CHAPTER VI RISK MANAGEMENT

    1. SECTION 1 Risk management policy and risk measurement

      1. Article 38.Risk management policy

      2. Article 39.Assessment, monitoring and review of risk management policy

    2. SECTION 2 Risk management processes, Counterparty risk exposure and issuer concentration

      1. Article 40.Measurement and management of risk

      2. Article 41.Calculation of global exposure

      3. Article 42.Commitment approach

      4. Article 43.Counterparty risk and issuer concentration

    3. SECTION 3 Procedures for the valuation of the OTC derivatives

      1. Article 44.Procedures for the assessment of the value of OTC derivatives

    4. SECTION 4 Transmission of information on derivative instruments

      1. Article 45.Reports on derivative instruments

  8. CHAPTER VII FINAL PROVISIONS

    1. Article 46.Transposition

    2. Article 47.Entry into force

    3. Article 48.Addressees

  9. Signature

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 adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. 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

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 adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

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 adopted 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