Application for approval to manage UCITSU.K.
[F1[F215A(1)An EEA firm falling within paragraph 5(f) which wishes to manage a UK UCITS must apply to the Authority in the specified form for approval to manage that UCITS.
(2)Where the EEA firm satisfies the conditions in paragraph 13 (establishment conditions) or paragraph 14 (service conditions), the Authority may only refuse the application if it determines that one of the grounds set out in sub-paragraph (3) applies.
(3)The grounds referred to in sub-paragraph (2) are—
(a)that the EEA firm does not comply with the UCITS home state rules;
(b)that the firm is not authorised by its home state regulator to manage the type of collective investment scheme for which authorisation is requested; or
(c)that the firm has not provided the documentation required under Article 20(1) of the UCITS directive.
(4)The Authority must give a notice to the EEA firm, the firm's home state regulator and the Commission of the Authority's determination under sub-paragraph (2).
(5)Before giving a notice under sub-paragraph (4), the Authority must consult the home state regulator of the firm.
(6)A notice given by the Authority under sub-paragraph (4) must—
(a)give the Authority's reasons for considering that one of the grounds set out in sub-paragraph (3) is satisfied; and
(b)specify a reasonable period (which may not be less than 28 days) within which any person to whom it is given may make representations to the Authority.
(7)In this paragraph—
“specified” means specified—
(a)in rules made by the Authority to implement the UCITS directive, or
(b)in any directly applicable Community regulation or decision made under the UCITS directive;
“UCITS home state rules” means requirements which are imposed by or under this Act so far as relating to matters falling within Article 19(3) and (4) of the UCITS directive.]]
Textual Amendments
F1Sch. 3 para. 15A and cross-heading inserted (13.2.2004) by The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2066), reg. 3(1)(d)
F2Sch. 3 paras. 15A-15C substituted for Sch. 3 para. 15A (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), reg. 2(33)(d)