Q. Regulation 43 of the Central Bank UCITS Regulations sets out obligations in relation to dealings between a UCITS and a connected person. "Connected person" is defined in Regulation 42 as:
"the management company or depositary to a UCITS; and the delegates or sub-delegates of such a management company or depositary (excluding any non-group company sub-custodians appointed by a depositary); and any associated or group company of such a management company, depositary, delegate or sub-delegate."
Are appointments of service providers (for example as UCITS management company, as depositary, as administrator or as a broker) and subscriptions/redemptions by connected persons within the scope of Regulation 43?
A. No. The appointments of service providers to carry out services are not transactions with the UCITS. A responsible person is required to act in the best interests of investors in appointing service providers. Dealings in a UCITS (i.e. subscriptions/redemptions of shares of the U
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