law of 20 December 2002 - Alfi

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Annex 1.List of documents that a UCITS marketing its units/shares in the European Union mustprovide to the host State authorityThe UCITS shall provide the host State authority with the documents listed in Annex II of theCESR document, i.e.:- the attestation letter granted by the home State authority drafted according to themodel letter in Annex I of the CESR document;- the notification letter drafted according to the model in Annex II of the CESR document;the notification letter may be submitted to the host authority in a language common inthe sphere of finance or in the official language(s) of the host Member State providedthat this is not against the national rules and regulations of the host State;- the latest version of the management regulations and Articles of incorporation of theinvestment company;- the latest version of the full and simplified prospectuses;- the latest published annual report and any subsequent half-yearly report and, asregards umbrella funds, the latest versions of the annual report and the half-yearlyreport covering all sub-funds;- details of the arrangements made for the marketing of the units/shares of the UCITSin the host Member State.The documents listed above, except for the attestation, must be attached to the notificationletter in their original version as well as in a translated version in the official language(s) of thehost State. The host State may also allow the use of a non-official language.The attestation letter is submitted in its original version, together, where applicable, with anEnglish version.223
Annex 2.List of documents that foreign UCITS established in another EU Member State mustsubmit to the CSSFThe foreign UCITS established in another EU Member State that considers marketing itsunits/shares in Luxembourg shall submit to the CSSF the documents listed in Annex II of theCESR document, i.e.:- the attestation letter granted by the home Member State authority drafted according tothe model letter in Annex I of the CESR document;- the notification letter drafted according to the model in Annex II of the CESR document;the notification letter may be submitted to the CSSF in French, German or English andcan be downloaded from the CSSF’s website at http://www.cssf.lu, under section“Marketing of UCITS > Marketing of units/shares of European UCITS in Luxembourg”;- the latest version of the management regulations and Articles of incorporation of theinvestment company;- the latest version of the full and simplified prospectuses;- the latest published annual report and any subsequent half-yearly report and, asregards umbrella funds, the latest versions of the annual report and the half-yearlyreport covering all sub-funds;- details of the arrangements made for the marketing of the units/shares of the UCITSin Luxembourg.In addition, the foreign UCITS fill in the form in Annex 3 of this circular and submit it to theCSSF. The form is available for download on the CSSF website at the same address andsection as mentioned above.The documents listed above shall be attached to the notification letter in French, German orEnglish.224
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Undertakingsfor collective investme
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Published by the SOCIETE DE LA BOUR
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TABLE OF CONTENTSLAW DATED 20 DECEM
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Chapter E. Rules concerning the dep
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CSSF CIRCULAR 03/88 OF 22 JANUARY 2
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law dated 20 December 2002 relating
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annual accounts of certain types of
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25) a “UCITS home Member State”
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Art. 5Art. 6Art. 7Art. 8Art. 9Chapt
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commercial companies, as amended. T
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d) where the CSSF withdraws its aut
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The applicant shall be informed, wi
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Art. 30 (1) If the capital of the S
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Art. 40 Articles 26, 27, 28 with th
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(2) However:a) a UCITS may invest n
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Companies which are included in the
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Art. 48 (1) An investment company o
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Art. 54Art. 55Art. 56Art. 57In the
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contributed by them and whose right
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(4) Where the maximum percentages f
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y a supervisory authority set up by
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- For the purpose of this paragraph
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(2) Any change of external auditors
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Art. 86g) the mandate shall not pre
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) a programme of operations stating
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Art. 92(2) The CSSF will grant auth
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of professional secrecy provided fo
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The communication of information by
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The Court shall decide as to the ex
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(6) The Court’s decisions pronoun
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(2) The full prospectus shall conta
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The CSSF may request an auditor to
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(2) any person who has issued or re
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Art. 130Art. 131(3) Are exempt from
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Chapter 21. - Transitional and repe
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ANNEXE ISchedule A1. Information co
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1. Information concerning thecommon
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5. Other investment information:5.1
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- distributions and income reinvest
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- when and how dividends on units o
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GRAND-DUCAL REGULATION OF 14 APRIL
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Grand-Ducal Regulation of 08 Februa
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(c) financial instruments which ful
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(b) updates of the information refe
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Article 9Financial indices1. The re
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2. The reference in the first inden
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CHAPTER APURPOSE AND SCOPE OF THE L
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If the review of the application fi
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The following types of UCITS are co
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CHAPTER DRULES CONCERNING THE CENTR
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- the central administration must b
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For the purposes of the processing
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Considering the above, a derogatory
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CHAPTER ERULES CONCERNING THE DEPOS
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conformity of a decision taken by t
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- liability of the depositary for t
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It follows that the authorised inve
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CHAPTER GRULES APPLICABLE TO UCITS
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CHAPTER HRULES APPLICABLE TO ALL UC
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Subject to the conditions specified
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4. Repurchase agreements.UCITS may
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2. Investment restrictions.The inve
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3. Borrowings.The UCI may only borr
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4. Special regulations.Apart from t
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CHAPTER JRULES APPLICABLE TO MULTIP
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However, this difference of value o
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CHAPTER LINFORMATION AND ADVERTISEM
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The auditor’s report provided for
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CHAPTER MFINANCIAL INFORMATION 129
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VII. Identification numberThe CSSF
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CHAPTER OMARKETING RULES APPLICABLE
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APPENDIXTo be forwarded to theCommi
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Unless provided differently in thei
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(a) The information to be furnished
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In those circumstances, it is in pr
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The conclusions of the external aud
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The tolerance levels which are prov
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Such UCIs have to comply with the p
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D. Additional Investment Restrictio
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The UCI can either act as buyer or
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CSSF Circular 02/81 of 6 december 2
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I. MandateThe auditor is appointed
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In the long form report, the audito
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For common funds the management of
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In addition, the auditor must outli
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1.4. Relationship with other interm
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- market risk- settlement risk- for
Page 176 and 177: 4. Complaints from investorsThe aud
Page 178 and 179: CSSF Circular 03/87 of 21 january 2
Page 180 and 181: B. Provisions concerning management
Page 182 and 183: UCIs established prior to 1 January
Page 184 and 185: UCITS subject to Part I of the law
Page 186 and 187: Also covered by this category are U
Page 188 and 189: It is strongly recommended that UCI
Page 190 and 191: Finally, the transitional provision
Page 192 and 193: The management company’s and the
Page 194 and 195: in the delegation agreement by mean
Page 196 and 197: Especially, the activity programme
Page 198 and 199: Annex 1Table SG 1ACompany:Person in
Page 200 and 201: Annex 3Table SG 1CCompany:Person in
Page 202 and 203: Annex 5Table SIAG 1ACompany:Status:
Page 204 and 205: CSSF CIRCULAR 03/122 of 19 December
Page 206 and 207: If the UCITS is established as a UC
Page 208 and 209: CSSF Circular 04/146 of 17 June 200
Page 210 and 211: If intermediaries in charge of the
Page 212 and 213: CSSF CIRCULAR 05/177 of 6 April 200
Page 214 and 215: analysed on a case by case basis, c
Page 216 and 217: The following extracts, which are o
Page 218 and 219: This circular does not apply to com
Page 220 and 221: The same principles apply to the ap
Page 222 and 223: CSSF Circular 07/277 OF 9 January 2
Page 224 and 225: The attestation letter discloses al
Page 228 and 229: Annex 3.Specific information on the
Page 230 and 231: used pursuant to Article 41 (1) g)
Page 232 and 233: At the very least, the Commission e
Page 234 and 235: If UCITS are authorised to avail th
Page 236 and 237: When the reasons put forth by the U
Page 238 and 239: • is valued at market price, at a
Page 240 and 241: • hold in its portfolio the under
Page 242 and 243: UCITS Risk Market Limit (*) Referen
Page 244 and 245: AppendicesAppendix 1: Determination
Page 246 and 247: Appendix 2: Criteria governing the
Page 248 and 249: Before using the model for the firs
Page 250 and 251: CSSF CIRCULAR 08/339 OF 19 February
Page 252 and 253: CSSF CIRCULAR 08/356 OF 4 June 2008
Page 254 and 255: In case of a standardised securitie
Page 256 and 257: 3. Periodical information of the pu
Page 258 and 259: The risk exposure to a single count
Page 260 and 261: The reinvestment of cash received a
Page 262 and 263: 191, 192, 193, 194, 201, 204, 205,
Page 264 and 265: Option…………………… 67,
Page 266 and 267: Third country…………………
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law of 20 December 2002 - Alfi

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