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Central Bank Updates Regarding UCITS investing in Non-UCITS

AUTHOR(S): Tara Doyle, Michael Jackson, Dualta Counihan, Anne-Marie Bohan, Shay Lydon, Liam Collins, Philip Lovegrove, Elizabeth Grace, Oisin McClenaghan, Michelle Ridge, Barry O’Connor, Donal O’Byrne
PRACTICE AREA GROUP: Asset Management and Investment Funds
DATE: 10.07.2018

On 5 July 2018, the Central Bank of Ireland (“Central Bank”) published an updated version of its questions and answers document on the application of the UCITS Directive (“UCITS Q&A”). The updated UCITS Q&A includes an amended question and answer (ID 1002) relating to the investment by UCITS in non-UCITS.

The amendments clarify that, where a UCITS invests in a non-UCITS fund, the constitutional document of the non-UCITS (rather than the prospectus) must include a prohibition on investing more than 10% of its net assets in other investment funds.

The cover note announcing the change to the UCITS Q&A states that UCITS should be in compliance with this revised UCITS Q&A as soon as possible and in any event, no later than 5 October 2018. UCITS that currently invest in non-UCITS ought to review these investments to ensure that the constitutional documents of the non-UCITS meet the above requirement.

The updated UCITS Q&A may be accessed here.

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