AI Summary of Article 43
Member States are mandated to ensure that both merging and receiving UCITS furnish their unit-holders with comprehensive and precise information regarding proposed mergers, enabling informed investment decisions. This information must be shared post-approval by competent authorities, at least 30 days prior to any request for repurchase or redemption.
The disclosure should encompass the rationale for the merger, its potential impacts on unit-holders, their rights, and procedural details. Additionally, communications must be in the official language of the relevant host Member State, with translations that accurately reflect the original content, as outlined by the Commission and ESMA.
Article 43
1. Member States shall require merging and receiving UCITS to provide appropriate and accurate information on the proposed merger to their respective unit-holders so as to enable them to make an informed judgement of the impact of the proposal on their investment.
2. That information shall be provided to unit-holders of the merging and of the receiving UCITS only after the competent authorities of the merging UCITS home Member State have authorised the proposed merger under Article 39.
It shall be provided at least 30 days before the last date for requesting repurchase or redemption or, where applicable, conversion without additional charge under Article 45(1).
3. The information to be provided to unit-holders of the merging and of the receiving UCITS, shall include appropriate and accurate information on the proposed merger such as to enable them to take an informed decision on the possible impact thereof on their investment and to exercise their rights under Articles 44 and 45.
It shall include the following:
(a) the background to and the rationale for the proposed merger;