1Introduction |
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1. |
TC Appendix 4E contains a list of appropriate qualifications for the purposes of TC 2.1.10 E. |
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2. |
This Appendix sets out: |
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(1) |
the criteria which the FCA may take into account when assessing a qualification provider; and |
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(2) |
the information the FCA will expect the qualification provider to provide if it asks the FCA to add a qualification to the list of appropriate qualifications in TC Appendix 4 E. |
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Criteria for assessing a qualification provider |
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3. |
The FCA will expect the qualification provider of an appropriate qualification to have, in the FCA's opinion: |
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(1) |
assessors and qualification developers who are trained and qualified; |
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(2) |
valid, reliable and robust assessment methods; |
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(3) |
robust governance and a clear separation of function between its qualification services and any other services it performs, including effective procedures for managing any conflicts of interest; |
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(4) |
procedures for reviewing and refreshing its syllabus and question banks to ensure that they are relevant and up to date; |
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(5) |
robust and credible procedures for assessing a candidate's demonstration of the learning outcomes specified in the relevant examination standards; |
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(6) |
robust arrangements for contingency and business continuity planning in relation to its qualification services; |
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(7) |
appropriate records management procedures in relation to its qualification services; |
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(8) |
procedures for dealing with inappropriate conduct by candidates, for example, attempting to obtain or obtaining qualifications dishonestly; |
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(9) |
robust procedures for the setting of assessments and marking of results; and |
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(10) |
adequate resources in order to be financially viable. |
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Information about the qualification to be provided to the FCA |
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4. |
If a qualification provider asks the FCA to add a qualification to the list of appropriate qualifications in TC Appendix 4 E, the FCA will expect the qualification provider to: |
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(1) |
where relevant, specify the qualifications framework within which the qualification is placed; |
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(2) |
specify the activity in TC Appendix 1 to which the qualification relates; |
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(3) |
set out the recommended prior knowledge, attainment or experience for candidates; |
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(4) |
where relevant, set out the exemption policy for a candidate's prior learning or achievement; |
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(5) |
provide the relevant learning materials to the FCA together with an explanation of how those learning materials correspond to the content of the most recent examination standards. Any content of the examination standards which has been excluded from the learning materials must be justified; |
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(6) |
where applicable, explain how grading is applied; |
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(7) |
where applicable, explain the provider's rules of combination; |
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(8) |
provide details of expected learning hours or any other similar arrangements; |
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(9) |
where applicable, specify the level of the overall qualification with reference to the relevant qualification framework or, if there is no relevant qualification framework, the European Qualifications Framework and the percentage of the qualification at that level, as well as the percentages and the levels for the remainder of the qualification; |
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(10) |
provide details of any credit for prior learning included in the qualification together with an explanation of how it meets the most recent examination standards; and |
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(11) |
provide an explanation of how the qualification compares in quality and standard to other similar qualifications. |
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Information about the qualification provider to be provided to the FCA |
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5. |
When considering whether to include or retain a qualification in the list of appropriate qualifications, the FCA may consider, where relevant: |
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(1) |
whether the qualification provider has in place suitable arrangements for: |
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(a) |
meeting its statutory duties in relation to equality and diversity; and |
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(b) |
reducing barriers to learning, for example, for candidates with learning difficulties; |
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(2) |
any concerns, issues or investigations which have been raised by the qualification provider's qualifications regulator; |
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(3) |
the annual pass rates of each of the relevant qualifications; |
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(4) |
the quality of the service the qualification provider provides to candidates in relation to qualifications and its complaints procedures; |
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(5) |
how the qualification provider maintains its qualifications to ensure they remain comparable to other qualifications in the same sector; and |
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(6) |
whether the qualification provider gives candidates reasonable notice of any syllabus change, change in method of assessment or pass standards; |
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(7) |
information supporting the criteria in TC Appendix 5G paragraph 3. |
Related provisions for CONC 15.1.15
This table belongs to COLL 8.3.2 R.
1 |
Document status |
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A statement that this document is the prospectus of the authorised fund valid as at a particular date which shall be the date of the document. |
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2 |
Description of the authorised fund |
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Information detailing: |
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(1) |
the name of the authorised fund; |
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16(1A) |
its FCA product reference number (PRN); |
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(2) |
that the authorised fund is either an ICVC, ACS11 or an AUT; |
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(3) |
that the scheme is a qualified investor scheme; |
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(4) |
where relevant, that the unitholders in an ICVC are not liable for the debts of the authorised fund; |
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(5) |
where relevant, the address of the ICVC's head office and the address in the United Kingdom for service on the ICVC of documents required or authorised to be served on it; |
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(6) |
the effective date of the authorisation order made by the FCA and, if the duration of the authorised fund is not unlimited, when it will or may terminate; |
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(7) |
the base currency for the authorised fund; |
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(8) |
where relevant, the maximum and minimum sizes of the ICVC's capital; 11 |
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(9) |
the circumstances in which the authorised fund may be wound up under the rules in COLL and a summary of the procedure for, and the rights of unitholders under, such a winding up; and11 11 |
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(10)11 |
for an ACS that is a limited partnership scheme, the address of the proposed principal place of business of the limited partnership scheme. |
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3 |
Investment objectives and policy |
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(1) |
Sufficient information to enable a unitholder to ascertain: |
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(a) |
the investment objectives of the authorised fund; |
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(b) |
the authorised fund's investment policy for achieving those investment objectives, including: |
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(i) |
the general nature of the portfolio and any intended specialisation; |
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(ii) |
the policy for the spreading of risk in the scheme property; and |
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(iii) |
the policy in relation to the exercise of borrowing powers; |
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(c) |
a description of any restrictions in the assets in which investment may be made; and |
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(d) |
the extent (if any) to which that investment policy does not envisage remaining fully invested at all times. |
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(2) |
For investment in immovables : |
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(a) |
the countries or territories of immovables in which the authorised fund may invest; |
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(b) |
the policy of the authorised fund manager in relation to insurance of immovables forming part of the scheme property; and |
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(c) |
the policy of the authorised fund manager in relation to the granting of options over immovables in the scheme property and the purchase of options on immovables. |
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(3) |
If intended, whether the scheme property may consist of units in collective investment schemes ("second schemes") which are managed by or operated by the authorised fund manager or by one of its associates and a statement as: |
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(a) |
to the basis of the maximum amount of the charges in respect of transactions in a second scheme; and |
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(b) |
the extent to which any such charges will be reimbursed to the scheme. |
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(4) |
If intended, whether the scheme may enter into stock lending transactions and, if so, what procedures will operate and what collateral will be required. |
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(5) |
Where a scheme is a feeder scheme which (in respect of investment in units in a single collective investment scheme) is dedicated to units in a collective investment scheme, details of the master scheme and the minimum (and, if relevant, maximum) investment that the feeder scheme may make in it;8 |
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9 | ||||
4 |
Distributions and accounting dates |
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Relevant details of accounting and distribution dates and a description of the procedures: |
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(1) |
for determining and applying income (including how any distributable income is paid); and |
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(2) |
relating to unclaimed distributions. |
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5 |
The characteristics of units in the authorised fund |
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Information as to: |
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(1) |
the names of the classes of units in issue or available for issue and the rights attached to them in so far as they vary from the rights attached to other classes; |
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(2) |
how unitholders may exercise their voting rights and what these are; and |
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(3) |
the circumstances where a mandatory redemption, cancellation or conversion of units from one class to another may be required.11 |
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115A |
Issue of units in ACSs: eligible investors |
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(1) |
A statement that units may not be issued to a person other than to a person : 12 |
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(a) |
who 12is a: |
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(i) |
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(ii) |
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(iii) |
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(b) |
to whom units in a qualified investor scheme may be promoted under COBS 4.12.4 R.12 12 |
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(2) |
A statement that the authorised contractual scheme manager of an ACS must redeemunits as soon as practicable after becoming aware that those units are vested in anyone (whether as a result of subscription or transfer of units) other than a person meeting the criteria in (1). |
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115B |
Transfer of units in ACSs |
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(1) |
A statement whether the transfer of units in the ACSscheme is either: |
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(a) |
prohibited; or |
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(b) |
allowed; |
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by the instrument constituting the fund13 and prospectus. 13 |
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(2) |
A statement that where transfer of units is allowed by the instrument constituting the fund13 and prospectus in accordance with (1)(b), units may only be transferred in accordance with the conditions specified by FCArules, including that units may not be transferred to a person other than a person : 1312 |
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(a) |
who 12is a: |
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(i) |
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(ii) |
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(iii) |
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(b) |
to whom units in a qualified investor scheme may be promoted under COBS 4.12.4 R.12 12 |
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(3) |
For a co-ownership scheme which is an umbrella, a statement in accordance with (1)(a) or (1)(b) and, where appropriate, a statement in accordance with (2), must also be made for the sub-funds. Where individual sub-funds have differing policies in relation to transfer of units, separate statements are required. |
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6 |
The authorised fund manager |
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The following particulars of the authorised fund manager: |
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(1) |
its name and the nature of its corporate form; |
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(2) |
the country or territory of its incorporation; |
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(3) |
the date of its incorporation and if the duration of its corporate status is limited, when that status will or may cease; |
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(4) |
if it is a subsidiary, the name of its ultimate holding company and the country or territory in which that holding company is incorporated; |
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(5) |
the address of its registered office, its head office, and, if different, the address of its principal place of business in the United Kingdom; |
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(6) |
the amount of its issued share capital and how much of it is paid up; |
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(7) |
for an ICVC, a summary of the material provisions of the contract between the ICVC and the authorised fund manager which may be relevant to unitholders including provisions (if any) relating to termination, compensation on termination and indemnity; and |
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(8) |
for an AUT, the names of the directors of the authorised fund manager.11 11 |
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7 |
Directors of an ICVC, other than the ACD |
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Other than for the ACD: |
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(1) |
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(2) |
the manner, amount and calculation of the remuneration of the directors. |
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8 |
The depositary |
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The following particulars of the depositary: |
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(1) |
its name and the nature of its corporate form; |
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(2) |
the country or territory of its incorporation; |
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(3) |
the address of its registered office and the address of its head office if that is different from the address of its registered office; and |
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(4) |
if neither its registered office nor its head office is in the United Kingdom, the address of its principal place of business in the United Kingdom. |
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9 |
The investment adviser |
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If an investment adviser is retained in connection with the business of the authorised fund, its name and whether or not it is authorised by the FCA. |
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10 |
The auditor |
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The name of the auditor of the authorised fund. |
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11 |
The register of Unitholders |
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Details of the address in the United Kingdom where the register of unitholders is kept and can be inspected by unitholders. |
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12 |
Payments out of the scheme property |
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The payments that may be made out of the scheme property to any person whether by way of remuneration for services, or reimbursement of expense and for each category of remuneration or expense, the following should be specified: |
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(1) |
the current rates or amounts of such remuneration; |
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(2) |
how the remuneration will be calculated and accrue and when it will be paid; |
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(3) |
if notice has been given to unitholders of the authorised fund manager's intention to: |
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(a) |
introduce a new category of remuneration for its services; or |
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(b) |
increase the basis of any current charge; or |
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(c) |
change the basis of the treatment of a payment from the capital property set out in COLL 8.5.13 R (2) (Payments); |
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particulars of that introduction or increase and when it will take place; |
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(4) |
the types of any other charges and expenses that may be taken out of the scheme property; and |
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(5) |
if, in accordance with COLL 8.5.13 R (2), all or part of the remuneration or expense are to be treated as a capital charge: |
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(a) |
that fact; and |
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(b) |
the basis of the charge which may be so treated |
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13 |
Dealing |
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Details of: |
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(1) |
the dealing days and times in the dealing day on which the authorised fund manager will receive requests for the sale and redemption of units; |
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(2) |
the procedures for effecting: |
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(a) |
the issue and cancellation of units; |
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(b) |
the sale and redemption of units; and |
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(c) |
the settlement of transactions; |
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(3) |
the steps required to be taken by a unitholder in redeeming units before he can receive the proceeds including any relevant notice periods and the circumstances and periods where a deferral of payment as provided in COLL 8.5.11 R (3) (Sale and redemption) may be applied; |
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(4) |
the circumstances in which the redemption of units may be suspended; |
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(5) |
the days and times in the day on which recalculation of the price will commence; |
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(6) |
details of the minimum number or value of each type of unit in the authorised fund which: |
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(a) |
any one person may hold; and |
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(b) |
may be the subject of any one transaction of sale or redemption; |
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(7) |
the circumstances in which the authorised fund manager may arrange for, and the procedure for, a redemption of units in specie; |
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(8) |
the circumstances in which the further issue of units in any particular class may be limited and the procedures relating to this:66 |
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(9) |
the circumstances in which direct issue or cancellation of units by the ICVC or the depositary of an AUT or ACS11 (as appropriate) may occur and the relevant procedures for such issues and cancellations; 18 116 |
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(10) |
6whether a unitholder may effect transfer of title to units on the authority of an electronic communication and if so the conditions that must be satisfied in order to effect a transfer; and18 6 |
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18(11) |
if the authorised fund manager deals as principal in units of the scheme and holds them for that purpose, a statement of its policy for doing so and, where applicable: |
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18(a) |
a description of when the authorised fund manager may retain any profits it earns and absorb any losses it incurs for these activities; and |
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18(b) |
a statement of non-accountability as referred to in COLL 8.5.14G. |
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14 |
Valuation of scheme property |
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Details as to: |
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(1) |
how frequently and at what times of the day the scheme property will be regularly valued to determine the price at which units in the scheme may be purchased from or redeemed by the authorised fund manager and a description of any circumstance where the scheme property may be specially valued; |
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(2) |
in relation to each purpose for which the scheme property must be valued, the basis on which it will be valued; and |
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(3) |
how the price of units of each class will be determined, including a statement that 16a forward price16 basis is to be applied. |
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15 |
Sale and redemption charges |
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If the authorised fund manager makes any charges on sale or redemption of units, details of the charging structure and how notice will be provided to unitholders of any increase. |
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15A5 |
Property Authorised Investment Funds |
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For a property authorised investment fund, a statement that: |
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(1) |
it is a property authorised investment fund; |
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(2) |
no body corporate may seek to obtain or intentionally maintain a holding of more than 10% of the net asset value of the fund; and |
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(3) |
in the event that the authorised fund manager reasonably considers that a body corporate holds more than 10% of the net asset value of the fund, the authorised fund manager is entitled to delay any redemption or cancellation of units if the authorised fund manager reasonably considers such action to be: |
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(a) |
necessary in order to enable an orderly reduction of the holding to below 10%; and |
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(b) |
in the interests of the unitholders as a whole. |
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16 |
General information |
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Details as to: |
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(1) |
when annual and half- yearly reports will be published; and |
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(2) |
the address at which copies of the instrument constituting the fund,13 any amending instrument and the most recent annual reports may be inspected and from which copies may be obtained. 13 |
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17 |
Information on the umbrella |
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In the case of a scheme which is an umbrella, the following information: |
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(1) |
that a unitholder may exchange units in one sub-fund for units in another sub-fund and that such an exchange is treated as a redemption and sale; |
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(2) |
what charges may be made on exchanging units in one sub-fund for units in other sub-funds; |
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(3) |
the policy for allocating between sub-funds any assets of, or costs, charges and expenses payable out of, the scheme property which are not attributable to any particular sub-fund; |
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(4) |
in respect of each sub-fund, the currency in which the scheme property allocated to it will be valued and the price of units calculated and payments made, if this currency is not the base currency of the umbrella; 16 |
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(5) |
for an ICVC or a co-ownership scheme,11 that:10 10 |
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10(a) |
for an ICVC,11 its sub-funds are segregated portfolios of assets and, accordingly, the assets of a sub-fund belong exclusively to that sub-fund and shall not be used to discharge directly or indirectly the liabilities of, or claims against, any other person or body, including the umbrella, or any other sub-fund, and shall not be available for any such purpose; 11 |
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11(aa) |
for a co-ownership scheme, the property subject to a sub-fund is beneficially owned by the participants in that sub-fund as tenants in common (or, in Scotland, is the common property of the participants in that sub-fund) and must not be used to discharge any liabilities of, or meet any claims against, any person other than the participants in that sub-fund; and |
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10(b) |
for an ICVC or a co-ownership scheme,11 while the provisions of the OEIC Regulations, and section 261P (Segregated liability in relation to umbrella co-ownership schemes) of the Act in the case of co-ownership schemes,11 provide for segregated liability between sub-funds, the concept of segregated liability is relatively new. Accordingly, where claims are brought by local creditors in foreign courts or under foreign law contracts, it is not yet known how those foreign courts will react to regulations 11A and 11B of the OEIC Regulations or, as the case may be, section 261P of the Act; and16 1111 |
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16(6) |
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18 |
Application of the prospectus contents to an umbrella |
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For a scheme which is an umbrella, information required must be stated: |
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(1) |
in relation to each sub-fund where the information for any sub-fund differs from that for any other; and |
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(2) |
for the umbrella as a whole, but only where the information is relevant to the umbrella as a whole. |
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318A |
Investment in overseas4 property through an intermediate holding vehicle3 |
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If investment in an overseas4 immovable is to be made through an intermediate holding vehicle or a series of intermediate holding vehicles a statement disclosing the existence of that intermediate holding vehicle or series of intermediate holding vehicles and confirming that the purpose of that intermediate holding vehicle or series of intermediate holding vehicles is to enable the holding of overseas4 immovables by the scheme.3 |
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1118B |
Information on authorised contractual schemes |
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A statement that: |
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(1) |
a unitholder in a co-ownership scheme is not liable to make any further payment after he has paid the price of his units and that no further liability can be imposed on him in respect of the units he holds; |
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(2) |
a unitholder in a limited partnership scheme is not liable for the debts or obligations of the limited partnership scheme beyond the amount of the scheme property which is available to the authorised contractual scheme manager to meet such debts or obligations, provided that the unitholder does not take part in the management of the partnership business; |
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(3) |
the exercise of rights conferred on limited partners by FCArules does not constitute taking part in the management of the partnership business; and |
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(4) |
the scheme property of a co-ownership scheme is beneficially owned by the participants as tenants in common (or, in Scotland, is the common property of the participants). |
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19 |
Additional information |
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Any other material information which is within the knowledge of the directors11 of an ICVC or the authorised fund manager11 of an AUT or ACS11, or which the directors or authorised fund manager11 would have obtained by the making of reasonable enquiries which investors and their professional advisers would reasonably require, and reasonably expect to find in the prospectus, for the purpose of making an informed judgement about the merits of investing in the authorised fund and the extent and characteristics of the risks accepted by so participating. 111111 |
Multiple principal agreement
Matter |
Explanation |
|
1. |
Scope of appointment |
The scope of appointment given by each principal to the appointed representative. |
2. |
Complaints handling |
The identity of the principal which will be the point of contact for a complaint from a client (referred to as the "lead-principal" in SUP 12.4.5D G to SUP 12.4.5E G). |
An agreement that each principal will co-operate with each other principal in resolving a complaint from a client in relation to the appointed representative's conduct. |
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The arrangements for complaints handling, including arrangements for resolving disputes between the principals in relation to their liability to a client in respect of a complaint and arrangements for dealing with referrals to the Financial Ombudsman Service. |
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3. |
The arrangements for approving financial promotion. |
|
4. |
Control and monitoring |
The arrangements for the control and monitoring of the activities of the appointed representative (see in particular SUP 12.6.6 R (Regulated activities and investment services outside the scope of appointment) and SUP 12.6.7 G (Senior management responsibility for appointed representatives)). |
5. |
Approved person status |
The arrangements for making applications for approved person status (see SUP 10A and SUP 10C12 (Approved persons) and the corresponding PRA requirements).12 2323 |
6. |
Training and competence |
The arrangements for training and competence (see TC). |
7. |
Co-operation |
The arrangements for co-operation over any other issues which may arise from the multiple appointments, including issues which may damage the interests of clients dealing with the appointed representative and administrative issues. |
An agreement by each principal to take reasonable steps to ensure that it does not cause the appointed representative or any of its other principals to be in breach of their obligations to each other or under the regulatory system. |
||
8. |
Sharing information |
The arrangements for sharing information on matters relevant to the matters covered under the multiple principal agreement and each principal's obligations under SUP 12.6 (Continuing obligations of firms with appointed representatives). |
An agreement that each principal will notify each other principal of any information which is materially relevant to the multiple principal agreement. |