Article 56
1.
An investment company or a management company acting in connection with all of the common funds which it manages and which fall within the scope of this Directive shall not acquire any shares carrying voting rights which would enable it to exercise significant influence over the management of an issuing body.
Pending further coordination, Member States shall take account of existing rules defining the principle stated in the first subparagraph in the law of other Member States.
2.
A UCITS may acquire no more than:
(a)
10 % of the non-voting shares of a single issuing body;
(b)
10 % of the debt securities of a single issuing body;
(c)
25 % of the units of a single UCITS or other collective investment undertaking within the meaning of Article 1(2)(a) and (b); or
(d)
10 % of the money market instruments of a single issuing body.
The limits laid down in points (b), (c) and (d) may be disregarded at the time of acquisition if at that time the gross amount of the debt securities or of the money market instruments, or the net amount of the securities in issue, cannot be calculated.
3.
A Member State may waive the application of paragraphs 1 and 2 as regards:
(a)
transferable securities and money market instruments issued or guaranteed by a Member State or its local authorities;
(b)
transferable securities and money market instruments issued or guaranteed by a third country;
(c)
transferable securities and money market instruments issued by a public international body to which one or more Member States belong;
(d)
shares held by a UCITS in the capital of a company incorporated in a third country investing its assets mainly in the securities of issuing bodies having their registered offices in that country, where under the legislation of that country such a holding represents the only way in which the UCITS can invest in the securities of issuing bodies of that country; or
(e)
shares held by an investment company or investment companies in the capital of subsidiary companies pursuing only the business of management, advice or marketing in the country where the subsidiary is established, in regard to the repurchase of units at unit-holders’ request exclusively on its or their behalf.
The derogation referred to in point (d) of the first subparagraph of this paragraph shall apply only if in its investment policy the company from the third country complies with the limits laid down in Articles 52 and 55 and in paragraphs 1 and 2 of this Article. Where the limits set in Articles 52 and 55 are exceeded, Article 57 shall apply mutatis mutandis.