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  3. Point in time
    2018-12-19

manager

  1. (1) (in relation to an AUT) the firm, including, if relevant, an EEA UCITS management company or incoming EEA AIFM84,75 which is the manager of the AUT in accordance with the trust deed.
  2. (1A) (in relation to an OEIC which is an undertaking for collective investment in transferable securities within the meaning of the UCITS Directive or which is an AIF,84 and which has appointed a person to manage the scheme) the person appointed to manage the scheme.
  3. (2) (as defined in section 423(1) and (2) of the Act (Manager)) (except in relation to a unit trust scheme or an undertaking for collective investment in transferable securities within the meaning of the UCITS Directive (other than a unit trust scheme) or a registered friendly society):
    1. (a) an employee who:
      1. (i) under the immediate authority of his employer, is responsible, either alone or jointly with one or more other individuals, for the conduct of his employer's business; or
      2. (ii) under the immediate authority of his employer or of a person who is a manager in accordance with (i) exercises managerial functions or is responsible for maintaining accounts or other records of his employer;
    2. (b) if the employer is not an individual, references in (a) to the authority of the employer are references to the authority:
      1. (i) in the case of a body corporate, of the directors;
      2. (ii) in the case of a partnership, of the partners; and
      3. (iii) in the case of an unincorporated association, of its officers or the members of its governing body.
  4. (3) (as defined in section 423(3) of the Act (Manager)) (in relation to a body corporate other than one covered at (1A) above):
    1. (a) a person (other than an employee of the body) who is appointed by the body to manage any part of its business, including an employee of the body corporate (other than the chief executive) who under the immediate authority of a director or chief executive of the body corporate exercises managerial functions or is responsible for maintaining accounts or other records of the body corporate;
    2. (b) for the purposes of (a) and in relation to a body corporate whose principal place of business is within the United Kingdom, the chief executive includes only a person who is an employee of the body corporate in accordance with section 417(1) of the Act (Definitions).39