AI Summary of Article 93
This document outlines the notification process for a UCITS intending to market its units outside its home Member State. A notification letter must be submitted to the home Member State’s competent authorities, detailing marketing arrangements, invoicing information, and management company details. Accompanying documentation includes the fund rules or instruments of incorporation, the prospectus, and key investor information, all translated as necessary.
Upon verification, the home Member State must transmit the complete documentation to the host Member State within 10 working days, including an attestation of compliance. Any changes to marketing information must be communicated in writing at least one month prior to implementation, with corresponding notifications to the host Member State if compliance is jeopardised.
Article 93
1. If a UCITS proposes to market its units in a Member State other than its home Member State, it shall first submit a notification letter to the competent authorities of its home Member State.
The notification letter shall include information on arrangements made for marketing units of the UCITS in the host Member State, including, where relevant, in respect of share classes. In the context of Article 16(1), it shall include an indication that the UCITS is marketed by the management company that manages the UCITS.
The notification letter shall also include the details necessary, including the address, for the invoicing or for the communication of any applicable regulatory fees or charges by the competent authorities of the host Member State and information on the facilities for performing the tasks referred to in Article 92(1).
2. A UCITS shall enclose with the notification letter, as referred to in paragraph 1, the latest version of the following:
(a) its fund rules or its instruments of incorporation, its prospectus and, where appropriate, its latest annual report and any subsequent half-yearly report translated in accordance with the provisions of Article 94(1)(c) and (d); and
(b) its key investor information referred to in Article 78, translated in accordance with Article 94(1)(b) and (d).