ESMA_QA_1078

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1078

---

Regulatory Context

Regulation : UCITS

Level 1 Regulation: Undertakings for Collective Investment in Transferable Securities Directive (UCITS) Directive 2009/65/EC

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: Disclosures

Subject Matter: Preparation of KIID by UCITS that are no longer marketed to the public or by UCITS in liquidation

---

Question

Submission Date: 01 September 2012

Where an existing UCITS is no longer marketed to the public, should it be required to prepare a KIID?

---

ESMA Answer

Answer Date: 01-09-2012

[ESMA 34-43-392 UCITS Q&A, section 2, Q&A 1a] In accordance with Article 82 of the UCITS Directive a UCITS is required to keep the essential elements of key investor information up-to-date. In accordance with Article 23 of Commission Regulation (EU) No 583/2010, a KIID with duly revised presentation of past performance of the UCITS shall be made available no later than 35 business days after 31 December each year. Notwithstanding that a UCITS is no longer marketed to the public, an up-to-date version of the KIID should be available to the existing investors.

---

This document was automatically extracted from the ESMA EMIR Q&A database.