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Article 36

Article 36

1.Neither:

an investment company, nor

a management company or depositary acting on behalf of a unit trust,

may borrow.

However, a UCTIS may acquire foreign currency by means of a ‘back-to-back’ loan.

2.By way of derogation from paragraph 1, a Member State may authorize a UCITS to borrow:

(a)

up to 10 %

of its assets, in the case of an investment company, or

of the value of the fund, in the case of a unit trust,

provided that the borrowing is on a temporary basis;

(b)

up to 10 % of its assets, in the case of an investment company, provided that the borrowing is to make possible the acquisition of immovable property essential for the direct pursuit of its business; in this case the borrowing and that referred to in subparagraph (a) may not in any case in total exceed 15 % of the borrower's assets.

Official text · consolidated version 20/03/2008 (in force) Open full page ↗
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