law of 20 December 2002 - Alfi

In no case may the use of these operations by the UCITS result in a change of its investmentobjectives as laid down in its management regulations/its constitutional documents, itsprospectus, or result in additional risk higher than its risk profile as described in its salesdocuments.When a UCITS wants to make use of the techniques and instruments described hereafter,it must mention this specifically in its prospectus. The prospectus must indicate the differenttypes of transactions considered and clarify the purpose of these transactions as well as theconditions at and limits within which they are conducted. If the UCITS intends to reinvest cashreceived as a guarantee 172 as a result of its transactions, the UCITS’ prospectus must specifythe conditions and limits applicable to these reinvestments. If need be, the prospectus mustcontain a description of the risks inherent to the envisaged operations.The UCITS must make sure that the principles of corporate governance comprise provisions,as regards the transactions referred to in this circular, for a period during which is held anannual shareholders’ meeting of the issuing company of the securities lent or temporarilysold.I. Techniques and instruments that may be used by UCITSThe techniques and instruments that may be used by UCITS are more fully describedhereafter.A. Securities lending transactionsA UCITS may enter into securities lending transactions provided it complies with the followingrules:1. Rules intended to ensure the proper completion of the securities lending transactions• The UCITS may lend the securities included in its portfolio to a borrower eitherdirectly or through a standardised lending system organised by a recognisedclearing institution or through a lending system organised by a financial institutionsubject to prudential supervision rules considered by the CSSF as equivalent tothose prescribed by Community law and specialised in this type of transactions.In all cases, the counterparty to the securities lending agreement (i.e. the borrower)must be subject to prudential supervision rules considered by the CSSF as equivalentto those prescribed by Community law. In case the aforementioned financialinstitution acts on its own account, it is to be considered as counterparty in thesecurities lending agreement.If the UCITS lends its securities to entities that are linked to the UCITS by commonmanagement or control, specific attention has to be paid to the conflicts of interestwhich may result therefrom.• The UCITS must receive, previously or simultaneously to the transfer of thesecurities lent, a guarantee which complies with the requirements expressedunder section II b) of this circular. At maturity of the securities lending transaction,the guarantee will be remitted simultaneously or subsequently to the restitution ofthe securities lent.172 See footnote 177.250