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UCITS scheme

    an authorised fund whose instrument constituting the scheme contains the statement in COLL 3.2.6 R 1(2) (Table: contents of the instrument constituting the scheme) or, if it complies with the CIS, the statement required by CIS 2.2.6R(2)(a)(i) (Matters that must be included in the trust deed) or paragraph 4 (1) (b) of Schedule 2 to the OEIC Regulations

    , that it is a UCITS scheme; unless:

      1. (a) the scheme raises capital without promoting the sale of its units to the public within the EEA or any part of it; or
      1. (b) the scheme's units under its trust deed or its instrument constituting the scheme, may be sold only to the public in non-EEA States.210