Home Knowledge Stock Exchanges and Markets – Requirement for inclusion of list in Constitutional Document of Retail Funds dropped

Stock Exchanges and Markets - Requirement for inclusion of list in Constitutional Document of Retail Funds dropped

The Central Bank has, with effect from 20 October 2010 dropped its requirement that the stock exchanges and markets in which investment assets of retail funds (both UCITS and non-UCITS) invest must be specifically listed in the constitutional document of the fund (this requirement had never applied to QIFs or professional investor funds).  The list is now required only to be included in the prospectus documentation for the fund but the constitutional document must cross-refer to the list in the prospectus documentation.  This is a useful practical amendment because, in the case of fund companies, any amendment to the list of stock exchange markets as set out in the Articles of Association has required an amendment by way of special resolution of the shareholders.  In order to avail of this alteration in the rules, the constitutional documents of an existing fund and the Prospectus will need to be amended in order to exclude the requirement that the list be included in the constitutional document.