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law of 20 December 2002 - Alfi

law of 20 December 2002 - Alfi

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2. Debt instruments which are treated as equivalent to transferable securities pursuantto Article 40(2)b) <strong>of</strong> the <strong>law</strong> <strong>of</strong> 30 March 1988.Securities referred to here are regularly traded money market instruments the residual maturity<strong>of</strong> which exceeds 12 months.3. Investments in liquid assets.In addition to the investments authorised pursuant to heading 1. above, a UCITS may holdancillary liquid assets.This term not only covers cash and short-term bank deposits, but also regularly traded moneymarket instruments the residual maturity <strong>of</strong> which does not exceed 12 months.The term “ancillary” means in this context that liquid assets may not in themselves constitutean investment objective, the exclusive object <strong>of</strong> UCITS being the investment <strong>of</strong> their assetsin transferable securities. The <strong>law</strong> <strong>of</strong> 30 March 1988 does therefore not prohibit a UCITS tohold an important amount <strong>of</strong> liquid assets during a certain amount <strong>of</strong> time because <strong>of</strong> circumstancesprovided such UCITS does not transform such investment in liquid assets in aninvestment purpose onto itself.4. Investments in closed-ended UCIs.The restrictions to which Article 44 <strong>of</strong> the <strong>law</strong> <strong>of</strong> 30 March 1988 submits the purchase <strong>of</strong> units<strong>of</strong> open-ended UCIs does not apply to the investment in units <strong>of</strong> closed-ended UCIs.The units <strong>of</strong> closed-ended UCIs are indeed considered as being similar to any other transferablesecurity and are therefore, in respect <strong>of</strong> investment rules, subject to the general rulesapplicable to transferable securities.IV. Borrowings.The restrictions to which the borrowings <strong>of</strong> UCITS are subject to, will not prohibit a UCITS toacquire currency by way <strong>of</strong> a back to back loan. A “back to back” loan is given in the case <strong>of</strong>a UCITS which borrows currency in the context <strong>of</strong> the acquisition <strong>of</strong> foreign transferable securitiesand the holding there<strong>of</strong> while depositing with the lender, its agent or any other persondesignated by it, an amount in national currency equal or larger than the amount borrowed.V. Method <strong>of</strong> calculation <strong>of</strong> the investment limits provided for by Chapter 5 <strong>of</strong> the <strong>law</strong><strong>of</strong> 30 March 1988.The investment limit percentages to be complied with by UCITS must be applied to the netassets <strong>of</strong> UCITS.112

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