1. Neither:
- an investment company, nor
- a management company or depositary acting on behalf of a unit trust,
may borrow.
However, a UCTIS may acquire foreign currency by means of a 'back-to-back' loan.
2. By way of derogation from paragraph 1, a Member State may authorize a UCITS to borrow:
(a) up to 10 %
- of its assets, in the case of an investment company, or
- of the value of the fund, in the case of a unit trust,
provided that the borrowing is on a temporary basis;
(b) up to 10 % of its assets, in the case of an investment company, provided that the borrowing is to make possible the acquisition of immovable property essential for the direct pursuit of its business; in this case the borrowing and that referred to in subparagraph (a) may not in any case in total exceed 15 % of the borrower's assets.