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COLL 8.1 Introduction

Application

COLL 8.1.1RRP
  1. (1)

    This chapter applies to:

    1. (a)

      an authorised fund manager of an AUT, ACS3 or an ICVC;

    2. (b)

      any other director of an ICVC;

    3. (c)

      a depositary of an AUT, ACS3 or an ICVC; and

    4. (d)

      an ICVC,

    which is a qualified investor scheme.

  2. (2)

    Where this chapter refers to rules in any other chapter of this sourcebook, those rules and any relevant guidance should be applied as if they referred to qualified investor schemes.

Purpose

COLL 8.1.2GRP
  1. (1)

    This chapter assists in achieving the statutory objective of protecting consumers by providing an appropriate degree of protection in respect of authorised funds that are only intended for investors that are, in general, prepared to accept a higher degree of risk in their investments or have a higher degree of experience and expertise than investors in retail schemes.

  2. (2)

    This section ceases to apply where a qualified investor scheme has converted to be authorised as a UCITS scheme or a non-UCITS retail scheme.

Qualified investor schemes: eligible investors

COLL 8.1.3RRP
  1. (1)

    Subject to (3), the3 authorised fund manager of a qualified investor scheme must take reasonable care to ensure that ownership of units in that scheme is only recorded in the register for a person that falls into one or more of the categories set out in COLL 8 Annex 1(Qualified Investor Scheme: eligible investors)1.

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  2. (2)

    The authorised fund manager will be regarded as complying with (1) and (3)3 to the extent that it can show that it was reasonable for it to rely on relevant information provided by another person.

  3. (3)

    3In addition to (1), the authorised contractual scheme manager of a qualified investor scheme which is an ACS must take reasonable care to ensure that ownership of units in that scheme is only recorded in the register for a person that meets the criteria set out in COLL 8 Annex 2 R (ACS Qualified Investor Schemes: eligible investors).

Qualified investor schemes - explanation

COLL 8.1.4GRP
  1. (1)

    Qualified investor schemes are authorised funds which may only be sold to sophisticated investors. Therefore, the authorised fund manager of an AUT or an ICVC3 must take reasonable care to ensure that subscription in relation to the units of this type of scheme should only be in relation to the client types set out in COLL 8 Annex 1R1.

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  2. (1A)

    3The authorised contractual scheme manager of an ACS must take reasonable care to ensure that subscription in relation to the units of this type of scheme should only be in relation to the client types set out in both COLL 8 Annex 1 and COLL 8 Annex 2.

  3. (2)

    Accordingly, qualified investor schemes have a more relaxed set of rules governing their operation and in particular their investment powers than for retail schemes. A qualified investor scheme is essentially a mixed asset type of scheme where different types of permitted asset may be included as part of the scheme property, depending on the investment objectives and policy of that scheme and within any restrictions in the rules.

Application and notification procedures

COLL 8.1.5GRP

Details of the application procedures in respect of qualified investor schemes are contained in COLL 2.1 (Authorised fund applications). COLLG provides details on how notifications may be made to the FCA.