COLL TP 1 Transitional Provisions

COLL TP 1.1

(1)

(2)

Material to which the transitional provision applies

(3)

(4)

Transitional provision

(5)

Transitional provision: dates in force

(6)

Handbook provision: coming into force

Extra time provisions

Existing schemes electing to comply with COLL

1

Each and every rule in COLL15

815

R15

815

Expired15

815
815 815

1A3

Each and every rule in COLL8

8

R

The rules in COLL do not apply to any relevant party in relation to an authorised fund where the winding up of the fund has commenced before 12 February 2007, provided that each relevant party shall continue to comply with the provisions of CIS as if they still applied to them.

From 12 February 2007

12 February 2007

2

Each and every rule in COLL15

815

G15

815

Expired15

8
15

815

3

Each and every rule in COLL15

815

R15

815
815 815

Expired15

8

4

Each and every rule in COLL15

815

G

Expired15

8
15

815

5

6COLL 6.9.9 R (4) to (6) (Restrictions of business for UCITS management companies)15

815

R15

88

Expired15

868615
815 815

.

858

6

COLL 6.9.9 R (4) to (6) (Restrictions of business for UCITS management companies)15

6815

G15

8815

Expired15

8685815
15

815

7

COLL 6.6.15 (2), (4) and (5) (Committees and delegation)15

815

R15

815

Expired15

815
815 815

815

8

COLL 6.2 (dealing); COLL 6.3 (Valuation and pricing); (Valuation) and 16 (Table: contents of the prospectus)15

815

R15

8815
815 815

Expired15

815

9

COLL 6.2 (dealing); COLL 6.3 (Valuation and pricing); COLL 5.2.5 R (Valuation) and COLL 4.2.5 R 16 (Table: contents of the prospectus)15

815

G15

815

Expired15

815
15

10

FEES 3.2.1 R

28

R15

815

Expired15

815
815 815

Definition of relevant party

11

COLL15

815

R15

8

Expired15

815 815

815

122

COLL 10.2.1 R15

R15

Expired15

15

134

COLL 4.2.5 R15

815

R15

815

Expired15

8
815 815

714

Amendments to COLL made by the Collective Investment Schemes Sourcebook (UCITS Eligible Assets Directive and Other Amendments) Instrument 2008

R

(1) [expired]17

17

88

17

88

(2) [expired]17

17

88

(3) [expired]17

17

915

Amendments to COLL 5.6.3 R made by the Collective Investment Schemes Sourcebook (Amendment No 5) Instrument 2009

R

Expired15

15
15 15

1016

COLL 4.5 and COLL 8.3.5 R to COLL 8.3.5E R

R

Expired15

15
15 15

1117

COLL 4.5.5R (1)(a)(iv) and COLL 4.5.9R (9A)12

12

R12

Expired15

15
15 15

12[Note: article 118(2) of the UCITS Directive]

1118

Each and every rule in COLL that relates to key investor information12

12

R12

Expired15

15
15 15

1119

COLL 4.4.12 R

COLL 4.4.13 R

COLL 7.7.19 R12

12

R12

Expired15

15
15 15

1120

COLL 4.4.12 R

COLL 4.4.13 R

COLL 7.7.19 R12

12

G12

Expired15

15
15 15

1121

COLL 4.2.5R (3)(qa)

R

Expired15

15
15 15

1122

COLL 4.6.8R(8)(d)

R

Expired15

15 15

1123

COLL 5.9.3 R and COLL 5.9.5 R

R

Expired15

15
15 15

1124

COLL 8.3.4R (6)

R

Expired15

15
15 15

1325

COLL 3 to COLL 8

R

Expired15

15
15 15

1326

COLL 3 to COLL 8

D

Expired15

15
15 15

1327

COLL 3 to COLL 8

G

Expired15

15
15 15

1428

COLL 4.2.5 R(3)(ca)

R

Expired15

15
15 1516

1629

Amendments to each and every rule in COLL made by the Collective Investment Schemes (Accounting Amendments) (No 2) Instrument 2015

R

[expired]17

17

17

1630

Amendments to each and every rule in COLL made by the Collective Investment Schemes (Accounting Amendments) (No 2) Instrument 2015

R

(1) [expired]17

17

17

(2) [expired]17

17

17

(3) The authorised fund manager must make a record of that election and retain it for a period of six years from the date it takes effect.

1 March 2015 until 6 years from the date the relevant election takes place

1 March 2015

1831

COLL 4.2.5R(8)(f), (g) and (h), and

COLL 4.2.5R(28)

R

[expired]20

1832

COLL 4.2.5R(8)(f) and (g)(i) and (ii)

R

(1) The authorised fund manager of a non-UCITS retail scheme need not, for any prospectus issued before 18 March 2016, comply with COLL 4.2.5R(8)(f), (g)(i) and (ii).

(2) The prospectus must, however, contain a description of the depositary’s principal business activity.

From 18 March 2016 until 31 March 2017

18 March 2016

1833

COLL 4.5.7R(7)

R

[expired]20

1834

COLL 4.7.2R(4)(a) and (6A)

R

(1) Paragraph (2) applies to any key investor information document drawn up by an authorised fund manager before 18 March 2016.

(2) The authorised fund manager need not amend the key investor information document until it is revised as a result of a subsequent revision of the key investor information falling after 18 March 2016, and only if the information required by COLL 4.7.2R(4)(a) and (6A) is available to the authorised fund manager at the time of that revision.

From 18 March 2016 until 18 March 2017

18 March 2016

1835

The changes set out in Annex F of the UCITS V Directive Instrument 2016 to COLL 6.6.4R(6) and (7), COLL 6 Annex 1R and COLL 12.3.4R(1)

R

The changes to the COLL provisions in column (2) do not apply to an EEA UCITS management company in respect of a UCITS scheme managed by it and the provisions continue to apply as they were in force at 17 March 2016.

18 March 2016 until the earlier of:

(1) the date of application of the UCITS level 2 regulation; and

(2) the date the EEA UCITS management company enters into a depositary agreement in respect of the scheme that is compliant with the terms of the UCITS level 2 regulation

18 March 2016

1836

COLL 6.6A.8R

R

A management company may continue to retain a depositary that does not meet the requirements in COLL 6.6A.8R if the depositary was appointed before 18 March 2016.

From 18 March 2016 until 18 March 2018

18 March 2016

1837

COLL 6.6B.8R and COLL 6.6B.11R

A depositary that does not meet the requirements in COLL 6.6B.8R and COLL 6.6B.11R may continue to act as depositary of a UCITS scheme if it was appointed before 18 March 2016.

From 18 March 2016 until 18 March 2018

18 March 2016

1938

COLL 4.2.5AG

G

An authorised fund manager of a UCITS scheme or a non-UCITS retail scheme does not need to comply with the provisions of the Securities Financing Transactions Regulation referred to in COLL 4.2.5AG for:

From 23 September 2016 until 12 July 2017

23 September 2016

19(1) a sub-fund that was constituted before 12 January 2016 if the scheme is an umbrella; and

19(2) a scheme that was constituted before 12 January 2016, if the scheme is not an umbrella.

19[Note: article 33(2)(c) of the Securities Financing Transactions Regulation]

1939

COLL 8.3.4AG

G

19An authorised fund manager of a qualified investor scheme does not need to comply with the provisions of the Securities Financing Transactions Regulation referred to in COLL 8.3.4AG for:

From 23 September 2016 until 12 July 2017

23 September 2016

19(1) a sub-fund that was constituted before 12 January 2016 if the scheme is an umbrella; and

19(2) a scheme that was constituted before 12 January 2016, if the scheme is not an umbrella.

19[Note: article 33(2)(c) of the Securities Financing Transactions Regulation]

2040

COLL 3.2.6R(8) and COLL 5.2.12R(3)(d)

R

An authorised fund manager is not required to update existing statements in the instrument constituting the fund concerning use of the derogation at COLL 5.2.12R(3) due to the amendments to the following provisions by the Collective Investment Schemes Sourcebook (Amendment No 9) Instrument 2016 until it is updated for other purposes:

(a) COLL 3.2.6R(8) and

(b) COLL 5.2.12R (3)(d).

From 1 October 2016 to 30 September 2019

From 1 October 2016

2041

COLL 3.2.6R(15)

R

An authorised fund manager is not required to update the instrument constituting the fund due to the amendment to COLL 3.2.6R(15) until it is updated for other purposes.

From 1 October 2016 to 30 September 2019

From 1 October 2016

2042

COLL 4.2.5R(3)(i) and

COLL 5.2.12R(3)(d).

R

An authorised fund manager is not required to update existing statements in the prospectus concerning use of the derogation under COLL 5.2.12R(3) due to the amendments to the following provisions by the Collective Investment Schemes Sourcebook (Amendment No 9) Instrument 2016 until it is updated for other purposes:

(a) COLL 4.2.5R(3)(i) (subject to COLL TP1.1 (43)) and

(b) COLL 5.2.12R(3)(d).

From 1 October 2016 to 30 September 2017

From 1 October 2016

2043

COLL 4.2.5R(3)(i), COLL 5.6.7R(1), COLL 5.6.8R, and COLL 5.7.5R

R

An authorised fund manager of a non-UCITS retail scheme is not required to comply with the amendments to the rules in column (2) in relation to government and public securities made by the Collective Investment Schemes Sourcebook (Amendment No 9) Instrument 2016.

From 1 October 2016 to 30 September 2017

From 1 October 2016

2044

COLL 4.2.2R, COLL 4.2.5R, and COLL 4.2.6G.

R

An authorised fund manager is not required to update the prospectus due to the amendments to the following provisions by the Collective Investment Schemes Sourcebook (Amendment No 9) Instrument 2016 until it is updated for other purposes:

(a) COLL 4.2.2R(2)(aa)

(b) COLL 4.2.5R(2)(aa);

(c) COLL 4.2.5R(2B)(b);

(d) COLL 4.2.5R(5)(b);

(e) COLL 4.2.5R(16)(b)(v);

(f) COLL 4.2.5R(18)(b)(i);

(g) COLL 4.2.5R(19);

(h) COLL 4.2.5R(20); and

(i) COLL 4.2.6G(7)(a).

From 1 October 2016 to 30 September 2017

From 1 October 2016

2045

COLL 8.3.2R and COLL 8.3.4R

R

An authorised fund manager is not required to update the prospectus due to the amendments to the following provisions by the Collective Investment Schemes Sourcebook (Amendment No 9) Instrument 2016 until it is updated for other purposes:

(a) COLL 8.3.2R(1A);

(b) COLL 8.3.4R(2)(1A);

(c) COLL 8.3.4R(14)(3); and

(d) COLL 8.3.4R(17)(6).

From 1 October 2016 to 30 September 2017

From 1 October 2016