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Version date: 11 March 2024 - onwards

ii. Constitutional documents

1. The ELTIF shall, at all times, comply with its constitutional document.

2. The ELTIF shall entrust its assets to a depositary for safe keeping and this must be expressly specified in its constitutional document.

3. The ELTIF shall, in its constitutional document prescribe the remuneration and the expenditure which the manager of the ELTIF and depositary are empowered to charge to a unit trust, common contractual fund or investment limited partnership and the method of calculation of such remuneration; and, the costs to be borne by the unit trust, common contractual fund or investment limited partnership.

The ELTIF shall, in the articles of association, prescribe the nature of the costs to be borne by the investment company.

4. The ELTIF shall specify, in its constitutional document, the maximum charge relating to the redemption or repurchase of units. The maximum charge relating to the redemption or repurchase of units 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 redemption or repurchase charge a reasonable notification period must be provided by the ELTIF to enable unitholders redeem their units prior to the implementation of the increase.

5. The ELTIF shall establish in its constitutional document conditions for the creation and cancellation of units or for contributions and withdrawal of contributions of partners' capital, as appropriate.

6. The ELTIF shall specify, in its constitutional document, the conditions and manner of application of income.