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Version status: Entered into force | Document consolidation status: No known changes
Published date: 10 July 2010

Commission Directive 2010/43/EU - UCITS Implementing (No 1) Directive

Comparing proposed amendment...
Recitals
Chapter I Subject matter, Scope and Definitions (arts. 1-3)
Entered into force
Article 1 Subject matter
Entered into force
Article 2 Scope
Entered into force
Article 3 Definitions
Chapter II Administrative procedures and control mechanism (Article 12(1)(a) and Article 14(1)(c) of Directive 2009/65/EC) (arts. 4-16)
Section 1 General principles (arts. 4-5a)
Entered into force
Article 4 General requirements on procedures and organisation
Entered into force
Article 5 Resources
Entered into force
Article 5a Obligation for investment companies to integrate sustainability risks in the management of UCITS
Section 2 Administrative and accounting procedures (arts. 6-8)
Entered into force
Article 6 Complaints handling
Entered into force
Article 7 Electronic data processing
Entered into force
Article 8 Accounting procedures
Section 3 Internal control mechanisms (arts. 9-16)
Entered into force
Article 9 Control by senior management and supervisory function
Entered into force
Article 10 Permanent compliance function
Entered into force
Article 11 Permanent internal audit function
Entered into force
Article 12 Permanent risk management function
Entered into force
Article 13 Personal transactions
Entered into force
Article 14 Recording of portfolio transactions
Entered into force
Article 15 Recording of subscription and redemption orders
Entered into force
Article 16 Recordkeeping requirements
Chapter III Conflict of interests (Article 12(1)(b) and Article 14(1)(d) and (2)(c) of Directive 2009/65/EC) (arts. 17-21)
Entered into force
Article 17 Criteria for the identification of conflicts of interest
Entered into force
Article 18 Conflicts of interest policy
Entered into force
Article 19 Independence in conflicts management
Entered into force
Article 20 Management of activities giving rise to detrimental conflict of interest
Entered into force
Article 21 Strategies for the exercise of voting rights
Chapter IV Rules of conduct (Article 14(1)(a), (b) and (2)(a), (b) of Directive 2009/65/EC) (arts. 22-29)
Section 1 General principles (arts. 22-23)
Entered into force
Article 22 Duty to act in the best interests of UCITS and their unit-holders
Entered into force
Article 23 Due diligence requirements
Section 2 Handling of subscription and redemption orders (art. 24)
Entered into force
Article 24 Reporting obligations in respect of execution of subscription and redemption orders
Section 3 Best execution (arts. 25-26)
Entered into force
Article 25 Execution of decisions to deal on behalf of the managed UCITS
Entered into force
Article 26 Placing orders to deal on behalf of UCITS with other entities for execution
Section 4 Handling of orders (arts. 27-28)
Entered into force
Article 27 General principles
Entered into force
Article 28 Aggregation and allocation of trading orders
Section 5 Inducements (art. 29)
Entered into force
Article 29 Safeguarding the best interests of UCITS
Chapter V Particulars of the standard agreement between a depositary and a managment company (Article 23(5) and Article 33(5) of Directive 2009/65/EC)(arts. 30-37) (arts. 30-37)
Entered into force
Article 30 Elements related to the procedures to be followed by the parties to the agreement
Entered into force
Article 31 Elements related to the exchange of information and to obligations on confidentiality and money-laundering
Entered into force
Article 32 Elements related to the appointment of third parties
Entered into force
Article 33 Elements related to potential amendments and the termination of the agreement
Entered into force
Article 34 Applicable law
Entered into force
Article 35 Electronic transmission of information
Entered into force
Article 36 Scope of the agreement
Entered into force
Article 37 Service level agreement
Chapter VI Risk management (Article 51(1) of Directive 2009/65/EC) (arts. 38-45)
Section 1 Risk management policy and risk measurement (arts. 38-39)
Entered into force
Article 38 Risk management policy
Entered into force
Article 39 Assessment, monitoring and review of risk management policy
Section 2 Risk management processes, Counterparty risk exposure and issuer concentration (arts. 40-43)
Entered into force
Article 40 Measurement and management of risk
Entered into force
Article 41 Calculation of global exposure
Entered into force
Article 42 Commitment approach
Entered into force
Article 43 Counterparty risk and issuer concentration
Section 3 Procedures for the valuation of the OTC derivatives (art. 44)
Entered into force
Article 44 Procedures for the assessment of the value of OTC derivatives
Section 4 Transmission of information on derivative instruments (art. 45)
Entered into force
Article 45 Reports on derivative instruments
Chapter VII Final provisions (arts. 46-48)
Entered into force
Article 46 Transposition
Entered into force
Article 47 Entry into force
Entered into force
Article 48 Addressees
Done at