CP12/32: Implementation of the Alternative ... - BVCA admin

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Page 40 of 91
Appendix 1
cases referred to in Article 1(1) and (2) of
Directive 83/349/EEC, or a similar relationship
between any person and an undertaking, any
subsidiary undertaking of a subsidiary
undertaking also being considered a subsidiary
of the parent undertaking which is at the head of
those undertakings.
[Note: article 4(1)(31) of MiFID]
A situation in which two or more persons are
permanently linked to one and the same person by a
control relationship is also to be regarded as
constituting a close link between such persons.
[Note: article 4(1)(31) of MIFID and article 4(1)(e) of
AIFMD]
collateral (1) (in COLL FUND) any form of security, guarantee or
indemnity provided by way of security for the
discharge of any liability arising from a transaction.
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competent authority ...
(8) (in relation to an AIF for the purposes of FUND) the
national authorities of an EEA State which are
empowered by law or regulation to supervise AIFs.
counterparty risk (in COLL FUND and in accordance with article 3(7) of the
UCITS implementing Directive) the risk of loss for a UCITS or
AIF resulting from the fact that the counterparty to a
transaction may default on its obligations prior to the
settlement of the transaction’s cash flow.
depositary (1) …
(c) (in relation to any other unit trust scheme other
than an AIF) the person holding the property of
the scheme on trust for the participants;
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(d) (in relation to any other collective investment
scheme other than an AIF) any person to whom
the property subject to the scheme is entrusted
for safekeeping.;