ANNEX IV
Annex 4 to Delegated Regulation (EU) 2019/980 is amended as follows:
(a) | the first row is replaced by the following: ‘In addition to the information required in this Annex, a collective investment undertaking shall provide the information required in sections/items 1, 2, 3.1, 3.3, 3.6, 5.1, 5.2, 5.3, 5.4, 6 (except for pro forma financial information), 7.1, 7.2, 7.3, 7.4, 7.5, 7.7, 8 and 9 of Annex 1 to this Regulation, or, where the collective investment undertaking meets the requirements of Article 14a of Regulation (EU) 2017/1129, the information required in sections 2, 3, 4, 5 (except for pro forma financial information), 6, 8 and 16 of Annex 30 to this Regulation, or, where the collective investment undertaking meets the requirements of Article 15a of Regulation (EU) 2017/1129, the information required in sections/items 2, 3, 4, 5.4, 6, 7, 8 (except for pro forma financial information), 10, and 17 of Annex 34 to this Regulation. Where units are issued by a collective investment undertaking which is constituted as a common fund managed by a fund manager, the information referred to in sections/items 3.3, 5.1, 5.2, 5.3, 5.4, 7.1, 7.3 and 7.7 of Annex 1 to this Regulation shall be disclosed in relation to the fund manager, while the information referred to in sections/items 3.1, 6, 7.2 and 8 of Annex 1 to this Regulation shall be disclosed in relation to both the fund and the fund manager.’ |
(b) | Section 2 is amended as follows: in item 2.2, point (i) is replaced by the following: where the underlying securities are not admitted to trading on a regulated or equivalent third country market or an SME Growth Market, information relating to each underlying issuer/collective investment undertaking/counterparty as if it were an issuer for the purposes of the minimum disclosure requirements for the registration document for equity securities (in the case of point (a)) or minimum disclosure requirements for the registration document for units issued by closed-end collective investment undertakings (in the case of point (b)) or the minimum disclosure requirements for the registration document for non-equity securities (excluding items identified as being retail-specific (in the case of point (c));’; in item 2.5, the second subparagraph is replaced by the following: ‘Where the collective investment undertaking may reasonably demonstrate to the competent authority that it is unable to access some or all of the information required under point (a), the collective investment undertaking shall disclose all of the information that it is able to access, that it is aware of, or that it is able to ascertain from information published by the underlying issuer/collective investment undertaking/counterparty in order to satisfy as far as is practicable the requirements laid down in point (a). In that case, the prospectus shall contain a prominent warning that the collective investment undertaking has been unable to access specified items of information that would otherwise be required to be included in the prospectus and therefore a reduced level of disclosure has been provided in relation to a specified underlying issuer, collective investment undertaking or counterparty.’; |
(c) | in Section 4, item 4.1 is replaced by the following: ‘Item 4.1 In respect of any investment manager the information required to be disclosed under item 3.1 of Annex 1 together with a description of its regulatory status and experience.’ |
(d) | in Section 5, item 5.1, point (a) is replaced by the following: such information as is required to be disclosed under item 3.1 of Annex 1’; |
(e) | in Section 8, item 8.1 is replaced by the following: ‘Item 8.1 Where a collective investment undertaking has not commenced operations and no financial statements have been made up as at the date of the registration document, since the date of incorporation or establishment, a statement to that effect. Where a collective investment undertaking has commenced operations, the provisions of Section 6 of Annex 1 or Section 5 of Annex 30 or Section 8 of Annex 34 shall apply as appropriate.’ |