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New version applies from 04/01/2011 — introduced by Directive 2010/78/EU. 192 provisions change. Later versions: 21/07/2011, 20/06/2013, 17/09/2014, 01/01/2019, 07/01/2020, 26/06/2021, 02/08/2021, 01/01/2023, 09/01/2024, 17/01/2025, 16/04/2026. Article 83 changes in this version: compare with the current text.

Article 83

Article 83

1. The following shall not borrow:

((a))

an investment company;

((b))

a management company or depositary acting on behalf of a common fund.

A UCITS may, however, acquire foreign currency by means of a ‘back-to-back’ loan.

2. By way of derogation from paragraph 1, a Member State may authorise a UCITS to borrow provided that such borrowing is:

((a))

on a temporary basis and represents:—in the case of an investment company, no more than 10 % of its assets, or—in the case of a common fund, no more than 10 % of the value of the fund; or

((b))

to enable the acquisition of immovable property essential for the direct pursuit of its business and represents, in the case of an investment company, no more than 10 % of its assets.

—

in the case of an investment company, no more than 10 % of its assets, or

—

in the case of a common fund, no more than 10 % of the value of the fund; or

Where a UCITS is authorised to borrow under points (a) and (b), such borrowing shall not exceed 15 % of its assets in total.

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