law of 20 December 2002 - Alfi

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Annex 3.Specific information on the marketing in Luxembourg of units/shares of a UCITS establishedin another Member State of the European Union1) Name of the UCITS2) Home Member State3) Registered office4) Name and address of the financialservice (paying agent) in Luxembourg5) Name and address of the primarycontact in Luxembourg in chargeof the notification to the CSSF6) Name of the person(s) empoweredby mandate to certify documentson behalf of the UCITSName, first name, position, date and signature:.........................................................................................................................................................................................................225
CSSF CIRCULAR 07/308 OF 2 August 2007 CONCERNING THE Rules of conductto be adopted by undertakings for collective investment in transferablesecurities with respect to the use of a method for themanagement of financial risks, as well as the use of financial derivativeinstrumentsLuxembourg, 2 August 2007To all Luxembourg undertakings for collective investment in transferable securities (“UCITS”)and to those involved in the operation and supervision of such undertakings.CSSF CIRCULAR 07/308Concerns:Rules of conduct to be adopted by undertakings for collective investmentin transferable securities with respect to the use of a method for themanagement of financial risks, as well as the use of financial derivativeinstruments.Ladies and Gentlemen,The purpose of this circular is to notify undertakings for collective investment in transferablesecurities (hereinafter referred to as “UCITS”), subject to Part I of the amended law of 20December 2002 (hereinafter referred to as the “2002 law”), of additional information withrespect to the use of a method for the management of financial risks, within the meaning ofArticle 42 (1) of the 2002 law, as well as the use of financial derivative instruments, within themeaning of Article 41 (1) g) of this same law.I. General provisionsThe principal reason why UCITS must devote greater efforts and means to risk quantificationand oversight is that the 2002 law has expanded (as compared to the law dated 30 March1988) the list of financial instruments in which UCITS may invest. In addition to bank deposits,money market instruments, units of UCITS and units of UCIs, UCITS may, within the scope oftheir investment policy, use financial derivative instruments. This may involve financial derivativeinstruments dealt in on a regulated market of the type set forth in points a), b) and c) ofArticle 41 (1) of the 2002 law, and financial derivative instruments dealt in over-the-counter(“OTC”), provided that the underlying consists of:- instruments covered by Article 41, Paragraph (1),- financial indices,- interest rates,- foreign exchange rates or- currencies.A UCITS may avail itself of financial derivative instruments within the scope of the techniquesand instruments which are mentioned in Article 42 (2), and which relate to transferablesecurities and money market instruments. These transactions must also comply with theprovisions of Article 41 (1) g), Article 42 and Article 43. Financial derivative instruments226
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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
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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 226 and 227: Annex 1.List of documents that a UC
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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