Fund Rules and Guidance
Listed below are all the principal rules and guidance for funds.
- The Authorised Collective Investment Schemes (Class A) Rules 2008
- The Collective Investment Schemes (Class A) Rules 2002
- The Collective Investment Schemes (Compensation of Investors) Rules 1988 (As Amended)
- Guidance note on independence of manager and trustee of Class A Investment Schemes
- The Authorised Collective Investment Schemes (Class B) Rules 2013
- The Collective Investment Schemes (Qualifying Professional Investor Funds) (Class Q) Rules 1998
- The Authorised Closed-ended Investment Schemes Rules 2008
- Registered Collective Investment Scheme Rules 2015
- Prospectus Rules 2008
- Guidance Notes - Pricing Controls in Respect of Open Ended Collective Investment Schemes
- Guidance in respect of Qualifying Investor Funds
- Guidance in respect of Registered Collective Investment Schemes
Approach To Supervision
The Investment Supervision and Policy Division supervises its Designated Managers and Designated Custodians ("Designated Persons") by conducting regular desk based monitoring (off site monitoring) supplemented by periodic inspections (onsite monitoring).
Desk Based Monitoring
Designated Persons are required to comply with the Licensees (Conduct of Business) Rules, 2016 and the notifications stipulated therein. In addition Designated Persons are required to comply with the Licensees (Capital Adequacy) Rules 2010. The Designated Persons are also required to comply with the relevant fund rules.
In addition to immediate and annual notification requirements under the rules the designated managers of all authorised and registered schemes are required to submit quarterly statistical returns regarding the schemes managed and any unresolved complaints against the designated persons must be notified to the Commission.
The Investment Supervision and Policy Division performs regular compliance visits to its Designated Persons to enhance the Division's understanding of the licensee's business and to review the risk management systems and internal controls in operation to ensure compliance with the Licensees (Conduct of Business) Rules, 2016 and the relevant fund rules.
Changes to Information Particulars
The following note is intended to clarify the Commission’s expectations in circumstances where amendments are to be made to the Information Particulars in relation to an Authorised Closed-Ended Collective Investment Scheme or a Registered Collective Investment Scheme. For the avoidance of doubt the term “Information Particulars” in the following note refers to the Information Particulars by whatever name they are known, including: Prospectus, Scheme Particulars, Offering Memorandum, Explanatory Memorandum, Term Sheet, Admission Document, Subscription Agreement, Listing Particulars, Application Form or any other equivalent documents.
Authorised Closed–Ended Collective Investment Schemes:
Rule 5.01(1)(ii) of the Authorised Closed-Ended Investment Schemes Rules 2008 (“the Authorised CEIS Rules”) requires a Designated Manager to make an immediate notification by means of a written notice to the Commission of a proposed material change to the Information Particulars of an Authorised Closed-Ended Collective Investment Scheme.
The Commission’s expectation is for the covering letter accompanying such notification to briefly, but concisely, set out the material changes that have been made in the amended document from the current version (i.e. the version most recently submitted to the Commission). For the avoidance of doubt, this expectation remains, even if a “black-lined” version tracking the changes is provided, as it will be appreciated that such tracked copies are not always of help in this respect where documents have been subject to significant changes.
Within the covering letter, the Designated Manager should also provide its confirmation that the contents of the amended document contain all of the relevant disclosures required by Rule 4.03 of the Authorised CEIS Rules. In this respect, Designated Managers might find that the document disclosure checklist contained within the Commission’s Form APC is of help in checking that the appropriate disclosures are included in any amended documents, although it is not expected that such a form should actually be completed and submitted in these circumstances.
Details of the communications with existing shareholders in respect of the matters which are the subject of the changes (in accordance with 4.01 of the Authorised CEIS Rules) should also be copied to the Commission.
A clean copy of the final version of the amended document, which has been certified as a true copy of the original, should be provided to the Commission as soon as it is available.
It should be noted that under the Authorised CEIS Rules, the Commission is not required to issue any form of “approval” in respect of such amendments, and no such “approvals” will be issued.
Registered Collective Investment Schemes:
Rule 5.01(1) of the the Registered Collective Investment Scheme Rules 2015 (“the Registered CIS Rules”) requires Information Particulars in respect of a Registered Collective Investment Scheme to be prepared, which shall at least contain the matters set out in the Prospectus Rules 2008 (“the Prospectus Rules”). For the avoidance of doubt, the Information Particulars only require the disclosures specified in Parts 3 and 4 of the Prospectus Rules./p>
Rule 5.01(3) of the Registered CIS Rules requires that a copy of any revised Information Particulars be sent to the Commission with the annual notification.