UCITS III and the freedom to provide fund management services

Abstract

The UCITS (Undertakings for Collective Investment in Transferable Securities) regime was propounded by the European Union so as to create legislative uniformity throughout Europe with regards to open-ended funds investing in transferable securities. The first chapter gives an overview of Collective Investment Schemes (CIS) including an analysis of what is a fund, of the principal players of a fund and on the different possible legal forms of a fund. The second chapter examines the original UCITS Directive which was adopted in 1985. The chapter examines the major aspects of the Directive including the envisaged structure of the undertaking and of the depositary, the investment policies of UCITS and the information needed to be given to investors in the form of a Prospectus. Finally the chapter will analyse the problems emanating from the UCITS I Directive and the failed attempts for a UCITS II.