Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC ... (32010L0043)
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Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company (Text with EEA relevance)
- COMMISSION DIRECTIVE 2010/43/EU
- of 1 July 2010
- implementing Directive 2009/65/EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company
- (Text with EEA relevance)
- CHAPTER I
- SUBJECT-MATTER, SCOPE AND DEFINITIONS
- Article 1
- Subject matter
- Article 2
- Scope
- Article 3
- Definitions
- CHAPTER II
- ADMINISTRATIVE PROCEDURES AND CONTROL MECHANISM
- (Article 12(1)(a) and Article 14(1)(c) of Directive 2009/65/EC)
- SECTION 1
- General principles
- Article 4
- General requirements on procedures and organisation
- Article 5
- Resources
- SECTION 2
- Administrative and accounting procedures
- Article 6
- Complaints handling
- Article 7
- Electronic data processing
- Article 8
- Accounting procedures
- SECTION 3
- Internal control mechanisms
- Article 9
- Control by senior management and supervisory function
- Article 10
- Permanent compliance function
- Article 11
- Permanent internal audit function
- Article 12
- Permanent risk management function
- Article 13
- Personal transactions
- Article 14
- Recording of portfolio transactions
- Article 15
- Recording of subscription and redemption orders
- Article 16
- Recordkeeping requirements
- CHAPTER III
- CONFLICT OF INTERESTS
- (Article 12(1)(b) and Article 14(1)(d) and (2)(c) of Directive 2009/65/EC)
- Article 17
- Criteria for the identification of conflicts of interest
- Article 18
- Conflicts of interest policy
- Article 19
- Independence in conflicts management
- Article 20
- Management of activities giving rise to detrimental conflict of interest
- Article 21
- Strategies for the exercise of voting rights
- CHAPTER IV
- RULES OF CONDUCT
- (Article 14(1)(a), (b) and (2)(a), (b) of Directive 2009/65/EC)
- SECTION 1
- General principles
- Article 22
- Duty to act in the best interests of UCITS and their unit-holders
- Article 23
- Due diligence requirements
- SECTION 2
- Handling of subscription and redemption orders
- Article 24
- Reporting obligations in respect of execution of subscription and redemption orders
- SECTION 3
- Best execution
- Article 25
- Execution of decisions to deal on behalf of the managed UCITS
- Article 26
- Placing orders to deal on behalf of UCITS with other entities for execution
- SECTION 4
- Handling of orders
- Article 27
- General principles
- Article 28
- Aggregation and allocation of trading orders
- SECTION 5
- Inducements
- Article 29
- Safeguarding the best interests of UCITS
- CHAPTER V
- PARTICULARS OF THE STANDARD AGREEMENT BETWEEN A DEPOSITARY AND A MANAGEMENT COMPANY
- (Article 23(5) and Article 33(5) of Directive 2009/65/EC)
- Article 30
- Elements related to the procedures to be followed by the parties to the agreement
- Article 31
- Elements related to the exchange of information and to obligations on confidentiality and money-laundering
- Article 32
- Elements related to the appointment of third parties
- Article 33
- Elements related to potential amendments and the termination of the agreement
- Article 34
- Applicable law
- Article 35
- Electronic transmission of information
- Article 36
- Scope of the agreement
- Article 37
- Service level agreement
- CHAPTER VI
- RISK MANAGEMENT
- (Article 51(1) of Directive 2009/65/EC)
- SECTION 1
- Risk management policy and risk measurement
- Article 38
- Risk management policy
- Article 39
- Assessment, monitoring and review of risk management policy
- SECTION 2
- Risk management processes, Counterparty risk exposure and issuer concentration
- Article 40
- Measurement and management of risk
- Article 41
- Calculation of global exposure
- Article 42
- Commitment approach
- Article 43
- Counterparty risk and issuer concentration
- SECTION 3
- Procedures for the valuation of the OTC derivatives
- Article 44
- Procedures for the assessment of the value of OTC derivatives
- SECTION 4
- Transmission of information on derivative instruments
- Article 45
- Reports on derivative instruments
- CHAPTER VII
- FINAL PROVISIONS
- Article 46
- Transposition
- Article 47
- Entry into force
- Article 48
- Addressees
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