Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 20 June 2013 - onwards
  Version 2 of 2    

Article 2 Amendments to Directive 2009/65/EC

Article 51 of Directive 2009/65/EC is amended as follows:

(1) in paragraph 1, the first subparagraph is replaced by the following:

'1. A management or investment company shall employ a risk-management process which enables it to monitor and measure at any time the risk of the positions and their contribution to the overall risk profile of the portfolio of a UCITS. In particular, it shall not solely or mechanistically rely on credit ratings issued by credit rating agencies as defined in Article 3(1)(b) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies [OJ L 302, 17.11.2009, p. 1.], for assessing the creditworthiness of the UCITS' assets.';

(2) the following paragraph is inserted:

'3a. Taking into account the nature, scale and complexity of the UCITS' activities, the competent authorities shall' monitor the adequacy of the credit assessment processes of the management or investment companies, assess the use of ref