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Version date: 30 November 2015 - onwards
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ID 1050 (Last update: 30/11/2015)

Q. Regulation 9(4) of the Central Bank UCITS Regulations provides that a 'responsible person shall not invest assets of the UCITS in a financial index where a single component's impact on the overall return of that index exceeds the diversification requirements set out in Regulation 71 of the UCITS Regulations'. The Central Bank had, in Guidance Note 2/07, stated that a UCITS proposing to use a financial index comprised of eligible assets with concentrated levels in excess of that permitted by the Regulations, may, applying a look through approach, consolidate the constituents of the index with the assets held directly by the UCITS to ensure it meets the risk-spreading requirements of the Regulations. Is the Central Bank continuing to adopt this position in light of Regulation 9(4)?

A. Regulation 9(4) follows the ESMA guidelines on ETF and other UCITS issues where each financial index must meet the relevant criteria and no look through can be applied. Accordingly, it is not possible

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