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law of 20 December 2002 - Alfi

law of 20 December 2002 - Alfi

law of 20 December 2002 - Alfi

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The reinvestment <strong>of</strong> cash received as a guarantee is not subject to the diversification rulesgenerally applicable to UCITS, provided however, that the UCITS must avoid an excessiveconcentration <strong>of</strong> its reinvestments, both at issuer level and at instrument level. Reinvestmentsin assets referred to in (a) and (d) above are exempt from this requirement.If the short-term bank deposits referred to in (b) are likely to expose the UCITS to a credit riskvis-à-vis the trustee, the UCITS must take this into consideration for the purpose <strong>of</strong> the limitson deposits prescribed by Article 43 (1) <strong>of</strong> the amended <strong>law</strong> <strong>of</strong> <strong>20</strong> <strong>December</strong> <strong>20</strong>02 concerningundertakings for collective investment.The reinvestment must, in particular if it creates a leverage effect, be taken into account forthe calculation <strong>of</strong> the UCITS’ global exposure. Any reinvestment <strong>of</strong> a guarantee providedin the form <strong>of</strong> cash in financial assets providing a return in excess <strong>of</strong> the risk free rate 180 , issubject to this requirement.Reinvestments must be specifically mentioned with their respective value in an appendix tothe financial reports <strong>of</strong> the UCITS.180 The French original <strong>of</strong> the circular uses the terms “procurant un rendement supérieur au taux sans risque”.257

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