1. The ELTIF shall not raise capital from the public through the issue of debt securities. This restriction does not operate to prevent the issue of notes by ELTIFs, on a private basis, to a lending institution to facilitate financing arrangements. Details of the note issued must be clearly provided in the prospectus.
2. The ELTIF shall ensure that the calculation of performance fees must be verified by the depositary or a competent person appointed by the AIFM and approved for the purpose by the depositary.
3. The ELTIF shall specify, in its trust deed, deed of constitution, management agreement, AIFM agreement or partnership agreement, the maximum annual fee charged by, as relevant, an AIFM, a management company and/or a general partner of the ELTIF. The maximum annual fee shall not be increased without approval on the basis of at least 75% of votes cast at general meeting. In the event of an increase in the annual fee a reasonable notification period must be provided by the ELTIF to
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