ESMA · ESMA_QA_1191 Answer Published

Notification of UCITS and UCITS management companies; exchange of information between competent authorities

Regulation
Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC
Topic
Cross-border distribution of funds
Submitted
2012-07-01
Answered
2012-07-01

Question

A UCITS management company wishes to pursue cross-border activities (MiFID services, collective portfolio management of UCITS) by way of the UCITS management company passport (Articles 16 to 21 of the UCITS Directive). Does the management company have to identify a specific UCITS, in respect of which it wants to pursue said activities, in the notification letter?

Answer

[ESMA 34-43-392 UCITS Q&A, section 4, Q&A 7] The management company can notify cross-border activities without having to identify a specific UCITS. When the management company, at a later point in time, has identified a UCITS that it wants to manage on a cross-border basis, it has to notify the competent authorities in the home Member State of the UCITS in accordance with Article 20 of the UCITS Directive.

This Q&A is published by European Securities and Markets Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

Similar Q&As

More Q&As on this topic

📋 Track EU financial regulation continuously

Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.

14-day free trial. No credit card required.