setting up an investment fund in luxembourg ... - Casa4Funds

Part I (UCITS)
Part II (UCIs)
3. Transferable securities and money market instruments
admitted to official listing on a stock exchange
in a non-member state of the EU or dealt in on another
market in a non-member state of the EU which is
regulated, operates regularly and is recognised
and open to the public, provided that the choice of
the stock exchange or market has been provided
for in the constitutional documents of the UCITS;
4. Recently issued transferable securities and
money market instruments, provided that:
The terms of issue include an undertaking that
application will be made for admission to official
listing on a stock exchange or on another regulated
market as described under (1)-(3) above;
Such admission is secured within one year of issue.
5. Units of UCITS and/or other UCIs within the
meaning of the first and second indents of article 1(2)
of the UCITS Directive, whether situated in an EU
member state or in another state, provided that:
Such other UCIs are authorised under laws which
provide that they are subject to supervision
considered by the CSSF to be equivalent to that
laid down in Community law, and that ooperation
between authorities is sufficiently ensured;
The level of protection for unitholders in such
other UCIs is equivalent to that provided for
unitholders in a UCITS, and in particular that the
rules on assets segregation, borrowing, lending,
and uncovered sales of transferable securities
and money market instruments are equivalent to
the requirements of the UCITS Directive;
The business of the other UCIs is reported in
half-yearly and annual reports to enable an
assessment of the assets and liabilities, income
and operations over the reporting period;
No more than 10% of the assets of the UCITS
or of the other UCIs, the acquisition of which
is contemplated, can, according to their
constitutional documents, in the aggregate be
invested in units of other UCITS or other UCIs.
6. Deposits with credit institutions which are repayable
on demand or have the right to be withdrawn, and
which mature in no more than 12 months, provided
that the credit institution has its registered office in a
member state of the EU or, if the registered office of
the credit institution is situated in a non-member
state, provided that it is subject to prudential rules
considered by the CSSF to be equivalent to those
laid down in Community law;
Investment limits applicable to UCIs investing in
transferable securities which do not represent
investments in real estate or venture capital are
the following:
No more than 10% of the net assets may be
invested in securities not listed on a stock
exchange or dealt in on another regulated
market which operates regularly and is
recognised and open to the public;
No more than 10% of the securities of the same
kind issued by the same issuing body may be
acquired; and
No more than 10% of the net assets may be
invested in securities issued by the same
issuing body.
These restrictions are not applicable to securities
issued or guaranteed by a member state of the OECD
or their local authorities or a public international body
with an EU, regional or worldwide scope.
Units/shares of closed-ended investment funds
are treated in the same way as other transferable
securities and are therefore subject to the general
rules applicable to transferable securities.
UCIs may borrow up to 25% of their net assets
(except leveraged UCIs where the investment policy
provides for a permanent borrowing for investment
purposes of at least 25% of their net assets);
Derogations to Circular 91/75 may be granted
on a case-by-case basis;
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