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Undertakings for Collective Investment in Transferable Securities Directive 2009

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The Undertakings for Collective Investment in Transferable Securities Directive (Directive 2009/65/EC, " UCITS ") is a EU directive that allows collective investment schemes to operate freely throughout the EU on the basis of a single authorisation from one member state . EU member states are entitled to have additional regulatory requirements for the benefit of investors.

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44-414: The objective of Directive 85/611/EEC, adopted in 1985, was to allow for open-ended funds investing in transferable securities to be subject to the same regulation in every Member State . It was hoped that once such legislative uniformity was established throughout Europe, funds authorised in one Member State could be sold to the public in each Member State without further authorisation, thereby furthering

88-438: A blend approach using aspects of each. Funds are often distinguished by asset-based categories such as equity , bonds , property , etc. Also, perhaps most commonly funds are divided by their geographic markets or themes . Examples In most instances whatever the investment aim the fund manager will select an appropriate index or combination of indices to measure its performance against; e.g. FTSE 100 . This becomes

132-524: A "premium" to NAV (i.e., higher than NAV) or, more commonly, at a "discount" to NAV (i.e., lower than NAV). In the United States, at the end of 2018, there were 506 closed-end mutual funds with combined assets of $ 0.25 trillion, accounting for 1% of the U.S. industry. Exchange-traded funds (ETFs) combine characteristics of both closed-end funds and open-end funds. They are structured as open-end investment companies or UITs. ETFs are traded throughout

176-505: A fund on the sale of these units, called a 'close-end load,' that may be waived after several years of owning the fund. Some of the fees cover the cost of distributing the fund by paying commission to the adviser or broker that arranged the purchase. These fees are commonly referred to as 12b-1 fees in US. Not all fund have initial charges; if there are no such charges levied, the fund is " no-load " (US). These charges may represent profit for

220-559: A limited term with enforced redemption of shares or units on a specified date. Many collective investment vehicles split the fund into multiple classes of shares or units. The underlying assets of each class are effectively pooled for the purposes of investment management, but classes typically differ in the fees and expenses paid out of the fund's assets. These differences are supposed to reflect different costs involved in servicing investors in various classes; for example: In some cases, by aggregating regular investments by many individuals,

264-508: A retirement plan (such as a 401(k) plan ) may qualify to purchase "institutional" shares (and gain the benefit of their typically lower expense ratios ) even though no members of the plan would qualify individually. Some of the fund classes: One of the main advantages of collective investment is the reduction in investment risk ( capital risk ) by diversification . An investment in a single equity may do well, but it may collapse for investment or other reasons (e.g., Marconi ). If your money

308-419: A significant change in the investment strategy. As of 2019, the 5/10/40 rule states that funds can only invest up to 10% in a single issuer, and that concentrated investments in excess of 5% must not exceed 40% of the total portfolio, with some exceptions. UCITS III in 2003 allowed funds to invest up to 10% their funds in illiquid investments. Open-end fund Open-end fund (or open-ended fund )

352-407: A simplified format to assist the cross-border marketing of UCITS throughout Europe. The primary aim of Directive 2001/108/EC is to remove barriers to the cross-border marketing of units of collective investment funds by allowing funds to invest in a wider range of financial instruments (including derivatives ), which subject the same regulation in every Member state. All UCITS funds must comply with

396-479: A specific function under UCITS legislation (rather as it does under AIFMD). The depositary may delegate its safekeeping functions (but not other depositary functions to a third party custodian. UCITS V directive requires a Key Investor Information Document or KIID is produced for investors. Luxembourg transposed the UCITS V directive with the law of 10 May 2016 applied since 1 June 2016. This law of 10 May 2016 amended

440-402: A whole. Another example of passive management is the " buy and hold " method used by many traditional unit investment trusts where the portfolio is fixed from outset. Additionally, some funds use a hybrid management strategy of enhanced indexing , in which the manager minimizes costs by broadly following a passive indexing strategy, but has the discretion to actively deviate from the index in

484-576: A wide range of investment aims either targeting specific geographic regions ( e.g., emerging markets or Europe) or specified industry sectors ( e.g., technology). Depending on the country there is normally a bias towards the domestic market due to familiarity, and the lack of currency risk. Funds are often selected on the basis of these specified investment aims, their past investment performance, and other factors such as fees. The first (recorded) professionally managed investment funds or collective investment schemes, such as mutual funds , were established in

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528-627: Is undertaking for collective investment in transferable securities , or short collective investment undertaking (cf. Law ). An investment fund may be held by the public, such as a mutual fund , exchange-traded fund , special-purpose acquisition company or closed-end fund , or it may be sold only in a private placement , such as a hedge fund or private equity fund . The term also includes specialized vehicles such as collective and common trust funds, which are unique bank-managed funds structured primarily to commingle assets from qualifying pension plans or trusts. Investment funds are promoted with

572-462: Is a collective investment scheme that can issue and redeem shares at any time. An investor will generally purchase shares in the fund directly from the fund itself, rather than from the existing shareholders. The term contrasts with a closed-end fund , which typically issues at the outset all the shares that it will issue, with such shares usually thereafter being tradable among investors. Open-ended funds are available in most developed countries, but

616-441: Is a systematic risk that all the shares could be affected by adverse market changes. To avoid this systematic risk investment managers may diversify into different non-perfectly-correlated asset classes. For example, investors might hold their assets in equal parts in equities and fixed income securities. If one investor had to buy a large number of direct investments, the amount this person would be able to invest in each holding

660-652: Is a way of investing money alongside other investors in order to benefit from the inherent advantages of working as part of a group such as reducing the risks of the investment by a significant percentage. These advantages include an ability to: It remains unclear whether professional active investment managers can reliably enhance risk adjusted returns by an amount that exceeds fees and expenses of investment management. Terminology varies with country but investment funds are often referred to as investment pools , collective investment vehicles , collective investment schemes , managed funds , or simply funds . The regulatory term

704-458: Is built into the vehicle. Often referred to as commission or load (in the U.S. ) this charge may be applied at the start of the plan or as an ongoing percentage of the fund value each year. While this cost will diminish your returns it could be argued that it reflects a separate payment for an advice service rather than a detrimental feature of collective investment vehicles. Indeed, it is often possible to purchase units or shares directly from

748-756: Is calculated by dividing the fund's assets minus liabilities by the number of shares outstanding. This is usually calculated at the end of every trading day. Based on the forward pricing rule (22c-1); funds and their principal underwriters, and dealers must sell interests in the fund based on the Net Asset Value (NAV) which is calculated daily. This helps to mitigate shareholder dilution, as well as increasing efficiency. Hedge funds are typically open-ended and actively managed. However, investors can typically redeem shares only monthly or less frequently (e.g., quarterly or semi-annually). U.S. mutual funds : Collective investment scheme An investment fund

792-412: Is equitably divided into shares which vary in price in direct proportion to the variation in value of the fund's net asset value . Each time money is invested, new shares or units are created to match the prevailing share price; each time shares are redeemed, the assets sold match the prevailing share price. In this way there is no supply or demand created for shares and they remain a direct reflection of

836-419: Is invested in such a failed holding you could lose your capital. By investing in a range of equities (or other securities) the capital risk is reduced. This investment principle is often referred to as spreading risk . Collective investments by their nature tend to invest in a range of individual securities. However, if the securities are all in a similar type of asset class or market sector then there

880-514: Is likely to be small. Dealing costs are normally based on the number and size of each transaction, therefore the overall dealing costs would take a large chunk out of the capital (affecting future profits). An investor that chooses to use an investment fund as a way to invest his or her money does not need to spend as much personal time making investment decisions, doing investment research, or performing actual trades. Instead, these actions and decisions will be done by one or more fund managers managing

924-630: Is that the financial "products" that are sold to the public are sufficiently transparent, with full disclosure about the nature of the terms. In the United Kingdom, the primary statute is the Financial Services and Markets Act 2000 , where Part XVII, sections 235 to 284 deal with the requirements for a collective investment scheme to operate. It states in section 235 that a "collective investment scheme" means "any arrangements with respect to property of any description, including money,

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968-554: The Alternative Investment Fund Managers Directive (" AIFMD ") (European Union Directive 2011/61/EU), which is a parallel regulation for hedge funds and alternative investments. UCITS V introduces new rules on UCITS depositaries, such as the entities eligible to assume this role, their tasks, delegation arrangements and the depositaries’ liability as well as general remuneration principles that apply to fund managers. The depositary as

1012-858: The Dutch Republic . Amsterdam-based businessman Abraham van Ketwich (also known as Adriaan van Ketwich) is often credited as the originator of the world's first mutual fund. The term "collective investment scheme" is a legal concept deriving initially from a set of European Union Directives to regulate mutual fund investment and management. The Undertakings for Collective Investment in Transferable Securities Directives 85/611/EEC , as amended by 2001/107/EC and 2001/108/EC (typically known as UCITS for short) created an EU-wide structure, so that funds fulfilling its basic regulations could be marketed in any member state. The basic aim of collective investment scheme regulation

1056-607: The benchmark to measure success or failure against. The aim of most funds is to make money by investing in assets to obtain a real return (i.e. better than inflation). The philosophy used to manage the fund's investment vary and two opposing views exist. Active management —Active managers seek to outperform the market as a whole, by selectively holding securities according to an investment strategy . Therefore, they employ dynamic portfolio strategies, buying and selling investments with changing market conditions, based on their belief that particular individual holdings or sections of

1100-544: The 1985 Directive and more successfully harmonise laws throughout Europe. These discussions, although leading to a draft UCITS II directive, were subsequently abandoned as being too ambitious when the Council of Ministers could not reach a common position. In July 1998 the EU Commission published a new proposal which was drafted in two parts (a product proposal and a service provider proposal), which sought to amend

1144-520: The 1985 Directive. These proposals were finally adopted in December 2001, and are known as "UCITS III. Directive 2001/107/EC seeks to give management companies a "European passport" to operate throughout the EU, and widens the activities which they are allowed to undertake. It also introduces the concept of a simplified prospectus , which is intended to provide more accessible and comprehensive information in

1188-486: The EU's goal of a single market for financial services in Europe. The reality differed somewhat from the expectation due primarily to individual marketing rules in each Member State that created obstacles to cross-border marketing of UCITS. In addition, the limited definition of permitted investments for UCITS weakened the marketing possibilities of a UCITS. Accordingly, in the early 1990s proposals were developed to amend

1232-527: The Luxembourg law of 17 December 2010 on undertakings for collective investment, as amended (the "2010 Law"), in particular, Parts I, IV and V of the 2010 Law. The proposals concern areas other than those addressed by UCITS V. In summary, these are the topics raised UCITS; and (ii) where a master UCITS changes. As it stands, this does not cover a third possible scenario, namely where a feeder UCITS converts into an ordinary UCITS. Such conversions may lead to

1276-528: The day on a stock exchange. An arbitrage mechanism is used to keep the trading price close to net asset value of the ETF holdings. At the end of 2018, there were 1,988 ETFs in the United States with combined assets of $ 3.3 trillion, accounting for 16% of the U.S. industry. Unit investment trusts (UITs) are issued to the public only once when they are created. UITs generally have a limited life span, established at creation. Investors can redeem shares directly with

1320-554: The fund at any time (similar to an open-end fund) or wait to redeem them upon the trust's termination. Less commonly, they can sell their shares in the open market. Unlike other types of mutual funds, unit investment trusts do not have a professional investment manager. Their portfolio of securities is established at the creation of the UIT. In the United States, at the end of 2018, there were 4,917 UITs with combined assets of less than $ 0.1 trillion. Some collective investment vehicles have

1364-478: The fund manager or go back into the fund. Most open-end funds are actively managed, meaning that a portfolio manager picks the securities to buy , although index funds are now growing in popularity. Index funds are open-end funds that attempt to replicate an index, such as the S&;P 500, and therefore do not allow the manager to actively choose securities to buy. The price per share, or NAV ( net asset value ),

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1408-546: The fund. Each fund has a defined investment goal to describe the remit of the investment manager and to help investors decide if the fund is right for them. The investment aims will typically fall into the broad categories of Income (value) investment or Growth investment. Income or value based investment tends to select stocks with strong income streams, often more established businesses. Growth investment selects stocks that tend to reinvest their income to generate growth. Each strategy has its critics and proponents; some prefer

1452-478: The growth achieved a net loss is achieved. This can greatly increase the investment risk of the fund by increased volatility and exposure to increased capital risk. Gearing was a major contributory factor in the collapse of the split capital investment trust debacle in the UK in 2002. Collective investment vehicles vary in availability depending on their intended investor base: Some vehicles are designed to have

1496-420: The hopes of earning modestly higher returns. An example of active management success When analysing investment performance, statistical measures are often used to compare 'funds'. These statistical measures are often reduced to a single figure representing an aspect of past performance: Depending on the nature of the investment, the type of 'investment' risk will vary. A common concern with any investment

1540-424: The investment fund. The fund manager managing the investment decisions on behalf of the investors will of course expect remuneration. This is often taken directly from the fund assets as a fixed percentage each year or sometimes a variable (performance based) fee. If the investor managed their own investments, this cost would be avoided. Often the cost of advice given by a stockbroker or financial adviser

1584-411: The market will perform better than others. Passive management —Passive managers stick to a portfolio strategy determined at outset of the fund and not varied thereafter, aiming to minimize the ongoing costs of maintaining the portfolio . Many passive funds are index funds , which attempt to replicate the performance of a market index by holding securities proportionally to their value in the market as

1628-411: The power to borrow money to make further investments; a process known as gearing or leverage . If markets are growing rapidly this can allow the vehicle to take advantage of the growth to a greater extent than if only the subscribed contributions were invested. However this premise only works if the cost of the borrowing is less than the increased growth achieved. If the borrowing costs are more than

1672-445: The providers without bearing this cost. Although the investor can choose the type of fund to invest in, they have no control over the choice of individual holdings that make up the fund. If the investor holds shares directly, he has the right to attend the company's annual general meeting and vote on important matters. Investors in a collective investment vehicle often have none of the rights connected with individual investments within

1716-445: The purpose or effect of which is to enable persons taking part in the arrangements (whether by becoming owners of the property or any part of it or otherwise) to participate in or receive profits or income arising from the acquisition, holding, management or disposal of the property or sums paid out of such profits or income". Collective investment vehicles may be formed under company law , by legal trust or by statute . The nature of

1760-492: The same investment limits. A collective investment fund may apply for UCITS status in order to allow EU-wide marketing. The concept is to create a single funds market across the EU. The aim is that with a larger market the economies of scale will reduce costs for investment managers which can be passed on to consumers. Throughout Europe approximately €6.8 trillion are invested in collective investments . Of these funds about 76% are UCITS. The proposal of UCITS IV Directive

1804-532: The terminology and operating rules vary. US mutual funds , UK unit trusts and OEICs , European SICAVs , and hedge funds are all examples of open-ended funds. The price at which shares in an open-ended fund are issued or can be redeemed will vary in proportion to the net asset value of the fund and so directly reflects its performance. There may be a percentage charge levied on the purchase of shares or units. Some of these fees are called an initial charge (UK) or 'front-end load' (US). Some fees are charged by

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1848-466: The underlying assets. A closed-end fund issues a limited number of shares (or units) in an initial public offering (or IPO ) or through private placement. If shares are issued through an IPO, they are then traded on a stock exchange . or directly through the fund manager to create a secondary market subject to market forces . The price that investors receive for their shares may be significantly different from net asset value (NAV); it may be at

1892-526: The vehicle and its limitations are often linked to its constitutional nature and the associated tax rules for the type of structure within a given jurisdiction. Typically there is: Please see below for general information on specific forms of vehicles in different jurisdictions. The net asset value (NAV) is the value of a vehicle's assets minus the value of its liabilities. The method for calculating this varies between vehicle types and jurisdiction and can be subject to complex regulation. An open-end fund

1936-846: Was approved by the European Parliament on 13 January 2009 and also by the Council of the European Union as Directive 2009/65/EC, to be implemented on 1 July 2011. This updated the UCITS III Directives by introducing the following changes: On 23 July 2014 the European Union adopted Directive 2014/91/EU (" UCITS V ") on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities as regards depositary functions, remuneration policies and sanctions. UCITS V can be compared with

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