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PC NMS October 2012 clean version CSSF 3010 pour VISA FINAL

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exchange in any Member State of the European Union (EU), any Member State of the<br />

Organisation for the Economic Cooperation and Development (OECD), and any other State<br />

which the Board of Directors deems appropriate with regard to the investment objective of each<br />

Sub-Fund (each an "Eligible State"); and/or<br />

ii. transferable securities and money market instruments dealt in on another market which is<br />

regulated, operates regularly and is recognised and open to the public in an Eligible State (a<br />

"Regulated Market"); and/or<br />

iii. recently issued transferable securities and money market instruments, provided that the terms<br />

of issue include an undertaking that application will be made for admission to official listing on<br />

an official stock exchange or another Regulated Market (an "Eligible Market") and such<br />

admission is achieved within one year of the issue; and/or<br />

iv. units of undertakings for collective investment in transferable securities (a "UCITS") and/or of<br />

other undertakings for collective investment within the meaning of Article 1, paragraph (2)<br />

points a) and b) of Directive 2009/65/EC , as amended ("other UCIs"), whether situated in an EU<br />

member state or not, provided that:<br />

• such other UCIs have been authorised under laws which provide that they are subject to<br />

supervision considered by the Luxembourg supervisory authority to be equivalent to that laid<br />

down in Community law and that a cooperation between authorities is sufficiently ensured,<br />

• the level of protection for unitholders in such other UCIs is equivalent to that provided for<br />

unitholders in a UCITS, and in particular that the rules on assets segregation, borrowing,<br />

lending, and uncovered sales of transferable securities and money market instruments are<br />

equivalent to the requirements of directive 2009/65/EC,<br />

• the business of such other UCIs is reported in half-yearly and annual reports to enable an<br />

assessment of the assets and liabilities, income and operations over the reporting period,<br />

• no more than 10% of the assets of the UCITS or of the other UCIs, whose acquisition is<br />

contemplated, can, according to their constitutional documents, in aggregate be invested in<br />

units of other UCITS or other UCIs; and/or<br />

v. deposits with credit institutions which are repayable on demand or have the right to be<br />

withdrawn, and maturing in no more than 12 months, provided that the credit institution has its<br />

registered office in a Member State of the European Union, or if the registered office of the<br />

credit institution is situated in a non-Member State, provided that it is subject to prudential<br />

rules considered by the <strong>CSSF</strong> as equivalent to those laid down in Community law; and/or<br />

vi. financial derivative instruments, including equivalent cash-settled instruments, dealt in on a<br />

regulated market referred to in subparagraphs i. and ii. above, and/or financial derivative<br />

17

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