Related provisions for COLL 4.4.1

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COLL 6.6.2RRP
This table belongs to COLL 6.6.1 R.RuleICVCACDAny other directors of an ICVCDepositary of an ICVCManager of an AUTTrustee of an AUT6.6.1Rxxxxxx6.6.3Rxxxxx6.6.4Rxx6.6.5Rxxxxx6.6.6Rxx6.6.7Rxx6.6.8Rxx6.6.9Rxx6.6.10Rxxxx6.6.11Gxx6.6.12Rxx6.6.13Rxxxxx6.6.14Rxxxx6.6.15Rxxxxxx6.6.16Gxxxx6.6.17Rxxxxx6.6.18GxxxxxNote: "x" means "applies", but not every paragraph in every rule will necessarily apply.
COLL 6.6.5RRP
(1) The duties and powers of the authorised fund manager, the directors of an ICVC and the depositary under the rules in this sourcebook and under the instrument constituting the scheme are in addition to the powers and duties under the general law. (2) Paragraph (1) applies only in so far as the relevant general law is not qualified by the rules in this sourcebook or the instrument constituting the scheme or the OEIC Regulations.
COLL 6.6.13RRP
(1) The depositary must take all necessary steps to ensure that instructions given to it by the authorised fund manager for the exercise of rights attaching to the ownership of scheme property are carried out.(2) Where the scheme property of an authorised fund contains units in any other scheme managed or otherwise operated by the manager of the AUT or, as the case may be, by any director of the ICVC or by any associate of either, the depositary must exercise any voting rights
COLL 6.6.15RRP
(1) The directors of an ICVC may delegate to any one or more of their number any of the directors' powers or duties but remain responsible for the acts or omissions of any such directors.(2) The authorised fundmanager of a scheme and the directors of an ICVC have the power to retain the services of anyone to assist in the performance of their respective functions, provided that:(a) a mandate in relation to managing investments of the scheme property is not given to:(i) the depositary;
COLL 6.6.16GRP
(1) 6SYSC 3.2 (Areas covered by systems and controls) contains contains guidance relating to delegation, including external delegation.66SYSC 3.2.4 G (1) states that a firm cannot contract out of its regulatory obligations.(2) SUP 15.8.6 R (Delegation by UCITS management companies) requires anauthorised fund manager of a UCITS scheme to inform the FSA whereone of its duties is delegated to another person.(3) For the purpose of , COLL 6.6.15 R (2) (a) (iv) adequate co-operation
COLL 6.6.17RRP
(1) The authorised fund manager, any other director of an ICVC and the depositary must take reasonable care to ensure that a transaction within (a) to (f) is not carried out on behalf of the scheme:(a) putting cash on deposit with an affected person unless that person is an eligible institution or an approved bank and the arm's length requirement in (2) is satisfied;(b) lending money by an affected person to, or for the account of, the scheme, unless the affected person is an
COLL 8.5.1RRP
This section applies to an ICVC which is a qualified investor scheme and the authorised fund manager any other directors of an ICVC and the depositary of a qualified investor scheme.
COLL 8.5.4RRP
(1) The depositary is responsible for the safekeeping of all the scheme property.(2) The depositary must:(a) take all steps to ensure that transactions properly entered into for the account of the scheme are completed;(b) take all steps to ensure that instructions properly given by the authorised fund manager in respect of the exercise of rights related to scheme property are carried out;(c) ensure that any scheme property in registered form is as soon as reasonably practicable
COLL 8.5.5RRP
(1) The authorised fund manager (or in addition any other director in the case of an ICVC) may delegate any function to any person.(2) The depositary has the power to delegate any function to anyone, including in the case of an ICVC a director, to assist the depositary to perform its functions, save that it must not retain the services of the authorised fund manager or, in the case of an ICVC, any other director to perform any part of its functions of safe custody of the scheme
COLL 8.5.6GRP
SYSC 3.2 contains guidance relating to delegation including external delegation, and SYSC 3.2.4 G (1) states that a firm cannot contract out of its regulatory obligations.
COLL 6.2.1RRP
(R This section applies to an authorised fund manager, a depositary, an ICVC and any other director of an ICVC.
COLL 4.5.1RRP
The rules and guidance in this section apply to an authorised fund manager, a depositary and any other director of an ICVC.
COLL 4.5.7RRP
(1) An annual long report on an authorised fund, other than a scheme which is an umbrella, must contain:(a) the fullaccounts for the annual accounting period which must be prepared in accordance with the requirements of the IMA SORP;(b) the report of the authorised fund manager in accordance with COLL 4.5.9 R (Authorised fund manager's report);(c) the comparative table in accordance with COLL 4.5.10 R (Comparative table);(d) the report of the depositary in accordance with COLL
COLL 4.5.9RRP
The matters set out in (1) to (13)2 must be included in any authorised fund manager's report, except where otherwise indicated:2(1) the names and addresses of :(a) the authorised fund manager;(b) the depositary;(c) the registrar;(d) any investment adviser;(e) the auditor; and(f) for a scheme which invests in immovables, the standing independent valuer;(2) (for an ICVC), the names of any directors other than the ACD;(3) a statement of the authorised status of the scheme;(4) (for
COLL 4.4.2RRP
(1) The authorised fund manager, the depositary or the other directors of an ICVC may convene a general meeting of unitholders at any time.(2) The unitholders may request the convening of a general meeting by a requisition which must:(a) state the objects of the meeting;(b) be dated;(c) be signed by unitholders who, at that date, are registered as the unitholders of units representing not less than one-tenth in value (or such lower proportion stated in the instrument constituting
COLL 4.4.5RRP
(1) Where the authorised fund manager, the depositary or the other directors of an ICVC decide to convene a general meeting of unitholders:(a) each unitholder must be given at least 14 days written notice, inclusive of the date on which the notice is first served and the day of the meeting; and(b) the notice must specify the place, day and hour of the meeting and the terms of the resolutions to be proposed and a copy of the notice must be sent to the depositary. (2) The accidental
COLL 4.4.11RRP
(1) A meeting of unitholders must have a chairman, nominated:11(a) in the case of an AUT, by the trustee; 1(b) in the case of an ICVC, by a director other than the ACD or an associate of the ACD or, if no such nomination is made, by the depositary.1(2) If the chairman is not present after a reasonable time from the time for the meeting, the unitholders present must choose one of them to be chairman.(3) The chairman:(a) may, with the consent of any meeting of unitholders at which
COLL 4.4.13RRP
(1) Any document or notice to be served on or information to be given to, any person, including the FSA , must be in legible form.(2) For the purposes of this rule, any form is legible form which:(a) is consistent with the ICVC's, the directors', the authorised fund manager's or the depositary's knowledge of how the recipient of the document wishes or expects to receive the document;(b) is capable of being provided in hard copy by the authorised fund manager, the depositary or
COLL 6.5.2RRP
Table of application This table belongs to COLL 6.5.1 R.RuleICVCACDAny other director of an ICVCDepositary of an ICVCManager of an AUTTrustee of an AUT6.5.1Rxxxxxx6.5.3Rxxxx6.5.4Rxxx6.5.5Rxx6.5.6Rxx6.5.7Rxx6.5.8Rxx6.5.9Rxx6.5.10RxxxxNote: "x" means "applies", but not every paragraph in every rule will necessarily apply.
COLL 5.2.10RRP
(1) A market is eligible for the purposes of the rules in this sourcebook if it is:(a) a regulated market;(b) a market in an EEA State which is regulated, operates regularly and is open to the public; or(c) any market within (2).(2) A market not falling within (1)(a) and (b) is eligible for the purposes of the rules in this sourcebook if:(a) the authorised fund manager, after consultation with and notification to the depositary (and in the case of an ICVC, any other directors),
COLL 6.9.1RRP
This section applies to an1authorised fund manager, a1depositary, an ICVC and any other directors of an ICVC1.111
COLL 6.9.2GRP
(1) Regulation 15(8)(f) of the OEIC Regulations (Requirements for authorisation) requires independence between the depositary, the ICVC and the ICVC's directors, as does section 243(4) of the Act (Authorisation orders) for the trustee and manager of an AUT. COLL 6.9.3 G to COLL 6.9.5 G give FSA's view of the meaning of independence of these relationships. An ICVC, its directors and depositary or a manager and a trustee of an AUT are referred to as "relevant parties" in this guidance.(2)
COLL 8.4.11RRP
(1) Any investment in land or a building held within the scheme property of a qualified investor scheme must be in an immovable within (2).(2) For an immovable :(a) it must be situated in a country or territory identified in the prospectus;(b) the authorised fund manager must have taken reasonable care to determine that the title to the interest in the immovable is a good marketable title; and(c) the manager or the ICVC must have received a report from the appropriate valuer that:(i)
COLL 5.6.18RRP
(1) Any investment in land or a building held within the scheme property of a non-UCITS retail scheme must be an immovable within (2) to (5).(2) An immovable must:(a) be situated in a country or territory identified in the prospectus for the purpose of this rule; and(b) if situated in:(i) England and Wales or Northern Ireland, be a freehold or leasehold interest; or(ii) Scotland, be any interest or estate in or over land or heritable right including a long lease; or(c) if not
COLL 5.6.20RRP
(1) The following requirements apply in relation to the appointment of a valuer:(a) the authorised fund manager must ensure that any immovables in the scheme property are valued by an appropriate valuer (standing independent valuer) appointed by the authorised fund manager; and(b) the appointment must be made with the approval of the trustee or depositary at the outset and upon any vacancy.(2) The standing independent valuer in (1) must be:(a) for an AUT, independent of the manager
COLL 8.3.4RRP
This table belongs to COLL 8.3.2 R.1Document statusA statement that this document is the prospectus of the authorised fund valid as at a particular date which shall be the date of the document.2Description of the authorised fundInformation detailing:(1)the name of the authorised fund;(2)that the authorised fund is either an ICVC or an AUT;(3)that the scheme is a qualified investor scheme;(4)where relevant, that the unitholders in an ICVC are not liable for the debts of the authorised
COLL 8.3.5ARRP
(1) An annual report, other than for a scheme which is an umbrella, must contain:(a) the full accounts for the annual accounting period prepared in accordance with the requirements of the IMA SORP;(b) the report of the authorised fund manager in accordance with COLL 8.3.5C R (Authorised fund manager's report);(c) the report of the depositary in accordance with COLL 8.3.5D R (Report of the depositary); and (d) the report of the auditor in accordance with COLL 4.5.12 R (Report of
COLL 3.2.1RRP
This section applies to:(1) an authorised fund manager of an AUT or ICVC;(2) any other director of an ICVC;(3) a depositary of an AUT or an ICVC; and(4) an ICVC,except COLL 3.2.8 R(UCITS obligations), which applies only to an ICVC or to the manager of an AUT where the ICVC or AUT is a UCITS scheme.
COLL 3.2.2RRP
(1) The instrument constituting the scheme must not contain any provision that:(a) conflicts with any rule in this sourcebook;(b) prevents units in the scheme being marketed in the United Kingdom; or(c) is unfairly prejudicial to the interests of unitholders generally or to the unitholders of any class of units.(2) Any power conferred by the rules on the ICVC, the authorised fund manager, any other director of the ICVC, or the depositary, whether in a sole or joint capacity, is
COLL 3.2.6RRP
This table belongs to COLL 3.2.4 R (Matters which must be included in the instrument constituting the scheme)Name of scheme1A statement of:(1) the name of the authorised fund; and(2) whether the authorised fund is a UCITS scheme or a non-UCITS retail scheme.Investment powers in eligible markets2A statement that, subject to any restriction in the rules in this sourcebook or the instrument constituting the scheme, the scheme has the power to invest in any eligible securities market
COLL 6.4.1RRP
(1) This section applies to a manager and a trustee of an AUT.(2) COLL 6.4.9 (Plan registers) also applies to the ACD, any other director and the depositary of an ICVC.
COLL 6.3.1RRP
This section applies to an authorised fund manager, a depositary, an ICVC and any other director of an ICVC.
COLL 7.1.1RRP
This chapter applies to an ICVC, an ACD, any other director of a ICVC, a depositary of an ICVC, a manager of an AUT and a trustee of an AUT, where such AUT or ICVC is a UCITS scheme or a non-UCITS retail scheme in accordance with COLL 7.1.2 R (Table of application).
COLL 7.1.2RRP
This table belongs to COLL 7.1.1 R.RuleICVCACDAny other directors of an ICVCDepositary of an ICVCManagerTrustee7.1.1xxxxxx7.1.3xxxxxx7.2.1xxxxx7.3.1xxxx7.3.2xxxx7.3.3xxx7.3.4xxx7.3.5xx7.3.6xxx7.3.7xxxx7.3.8xx7.3.9x7.3.10xxxx7.3.11x7.3.12xx7.3.13 (1)xx7.3.13 (2)xx7.4xx7.5xxxxx7.6xxxxxNote: x means "applies"
COLL 8.6.1RRP
This section applies to:(1) an authorised fund manager, the directors, and the depositary of a qualified investor scheme; and(2) an ICVC which is a qualified investor scheme.
COLL 8.6.5RRP
In relation to an ICVC or an AUT which is a qualified investor scheme, the provisions in COLL 7.6 (Schemes of arrangement) will apply as appropriate to the authorised fund manager, any other directors of the ICVC and the depositary as if COLL 7.6 applied to a qualified investor scheme and did not exclude unitholders becoming unitholders in another qualified investor scheme.
COLL 4.2.5RRP
This table belongs to COLL 4.2.2 R (Publishing the prospectus).Document status1A statement that the document is the prospectus of the authorised fund valid as at a particular date (which shall be the date of the document).Authorised fund2A description of the authorised fund including:(a) its name;(b)whether it is an ICVC or an AUT and that: (i)unitholders are not liable for the debts of the authorised fund;(ii)for an ICVC, a statement that the sub-funds of a scheme which is an
COLL 6.1.1RRP
This chapter applies to:(1) an authorised fund manager of an AUT or an ICVC;(2) any other director of an ICVC;(3) a depositary of an AUT or an ICVC; and(4) an ICVC,where such AUT or ICVC is a UCITS scheme or a non-UCITS retail scheme.