2010L0043 - Summary
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)
Info
🇫🇷 French Version: 2010L0043_FR.0. Open the PDF. Direct link to EUR-LEX.
CHAPTER I - SUBJECT-MATTER, SCOPE AND DEFINITIONS
Article 1 - Subject matter
Article 2 - Scope
Article 3 - Definitions
CHAPTER II - ADMINISTRATIVE PROCEDURES AND CONTROL MECHANISM
SECTION 1 - General principles
Article 4 - General requirements on procedures and organisation
Article 5 - Resources
Article 5a - Obligation for investment companies to integrate sustainability risks in the management of UCITS
Article 22 - Duty to act in the best interests of UCITS and their unit-holders
Article 23 - Due diligence requirements
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 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
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 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
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