UCITS Undertaking For Collective Investment In Transferable Securities
DEFINITION
An Undertaking for Collective Investment in Transferable Securities (« UCITS ») is a regulated, operationally flexible and fiscally efficient multipurpose investment fund regime for a retail investor base.
LEGAL FRAMEWORK
UCITS are governed by several laws and circulars :
Law of 17 december 2010 ; CSSF Circular 07/309 on risk diversification CSSF Circular 07/308 on risk management La circulaire CSSF 11/498 et le règlement CSSF n° 10-4 transposant les guidelines émises par la CESR au niveau européen. CSSF regulation N°10-4 and the CSSF circular 11-498 transposing the CESR guidelines. OBJECTIVE
For at least two reasons, UCITS are very interesting investment vehicles. On the one hand, it is a structured investment product (as it is not limited to some categories only). On the other hand, it provides investment diversification and secures investors.
LEGAL FORM
UCITS may be structured as :
Common Contractual Fund (Fonds commun de placement - FCP); Investment company with fixed capital (SICAF- société d'investissement à capital fixe) ; Investment company with variable capital (SICAV- société d'investissement à capital variable); A SICAV/SICAF can choose one of the following legal forms :
S.A. ; S.à.R.L. ; S.C.A. ; S.C.o.S.A.. A UCITS may be set up as an umbrella structure with multiple compartments.
CAPITAL
If SICAV/SICAF legal form is chosen, minimum capital requirement is of 300,000 on day of approval by the CSSF and 1,250,000 to be reached within twelve months of said approval.
UCITS MANAGEMENT
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