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UPRU 1.1 Introduction

Application

UPRU 1.1.1 R

1This sourcebook and any provisions of the Interim Prudential sourcebook for investment businesses incorporated into this sourcebook by reference, apply to every UCITS firm.

UPRU 1.1.2 G

Firms are reminded that a UCITS management company can be either:

  1. (1)

    a UCITS firm; or

  2. (2)

    a UCITS investment firm.

UPRU 1.1.3 G

This sourcebook only applies to UCITS firms. UCITS investment firms are BIPRU limited licence firms and the prudential requirements for those firms are set out in the Prudential sourcebook for banks, building societies and investment firms and the General prudential sourcebook. The difference between the two types of UCITS management companies is that a UCITS investment firm in addition to carrying on the activities permitted by Article 5.2 of the UCITS Directive (scheme management), may also carry on the activities permitted by Article 5.3 such as portfolio management.

  1. (2)

    IFPRU limited licence firms and the prudential requirements for those firms are set out in the Prudential sourcebook for Investment Firms and the EU CRR.

The difference between the two types of UCITS management companies is that a UCITS investment firms in addition to carrying on the activities permitted by Article 6(2) of the UCITS Directive (scheme management), may also carry on the activities permitted by Article 6(3) such as portfolio management.

UPRU 1.2 Purpose

UPRU 1.2.1 G
  1. (1)

    The purpose of this sourcebook is to amplify Principle 4 (Financial prudence) which requires a firm to maintain adequate financial resources to meet its designated investment business commitments and to withstand the risks to which its business is subject. This assists in the achievement of the regulatory objectives of consumer protection and market confidence.

  2. (2)

    This sourcebook also implements certain requirements of the UCITS Directive as amended by the amending Council Directive 2001/107/EC which among other matters imposes capital requirements on a UCITS management company.