Central Bank of Ireland UCITS Permitted Markets
The Central Bank UCITS Regulations provide that the investments of a UCITS shall comprise inter alia transferable securities and money market instruments admitted to official listing on a stock exchange in a third country or dealt in on another regulated market in a third country which operates regularly and is recognised and open to the public provided that the choice of stock exchange or market is provided for in the fund rules or the instruments of incorporation of the investment company.
COLL 5.2.10 Eligible Markets
COLL 5.2.10 provides that a market is eligible if it is: A regulated market; Amarket in the United Kingdom or an EEA State which is regulated, operates regularly and is…
Collective Investment Schemes Control Act
Chapter VI of Board Notice 90 of 2012 provides that when considering if a foreign security is appropriate for inclusion in a portfolio in accordance with section 45 of the Collective Investment Schemes Control Act, a manager must conduct a due diligence investigation into the Exchange the security is listed and traded on.
U.S. SEC Investment Company Act Rule 17f-7
Rule 17f-7 requires US mutual fund managers, whenever they make an investment decision, to take into consideration the local market depositories and the safety of underlying assets during the settlement process and in ongoing safe custody.
UCITS IV Article 50(1): Regulated, Operates Regularly, Recognised and Open to the Public
Directive 2009/65/EC, Article 50(1) provides that investments of a UCITS shall comprise only one or more of the following: Transferable securities and money market instruments admitted to or dealt in on a regulated market as defined in Article 4(1)(14) of Directive 2004/39/EC; Transferable securities and money market instruments dealt in on another regulated market in a Member State, which operates regularly and is recognised and open to the public; Transferable securities and money market instruments admitted to official listing on a stock exchange in a third country or dealt in on another regulated market in a third country which operates regularly and is recognised and open to the public provided that the choice of stock exchange or market has been approved by the competent authorities or is provided for in law or the fund rules or the instruments of incorporation of the investment company; Below we focus on a key aspect of Article 50 and the requirement for market to be “regulated”, “operate regularly”, “recognised” and “open to the public”:
