Updated 05/02/2025
In force

Initial Legal Act
Amendments (7)
There is currently no Level 2 legal act based on or specifying Article 52.
QA1162 - MMF
Status: Final
Answered: 01/10/2016
Art. 52
QA949 - Disclosures
Status: Final
Answered: 21/11/2016
Art. 52
QA950 - Disclosures
Status: Final
Answered: 21/11/2016
Art. 52
QA952 - Disclosures
Status: Final
Answered: 01/02/2023
Art. 52
QA1112 - Disclosures
Status: Final
Answered: 09/01/2015
Art. 52
QA1113 - Disclosures
Status: Final
Answered: 05/01/2015
Art. 52
QA1114 - Disclosures
Status: Final
Answered: 09/01/2015
Art. 52
QA1115 - Disclosures
Status: Final
Answered: 09/01/2015
Art. 52
QA1116 - Disclosures
Status: Final
Answered: 09/01/2015
Art. 52
QA1117 - Disclosures
Status: Final
Answered: 09/01/2015
Art. 52
QA1134 - Disclosures
Status: Final
Answered: 01/10/2016
Art. 52
QA1135 - Disclosures
Status: Final
Answered: 01/10/2016
Art. 52
QA1175 - Disclosures
Status: Final
Answered: 15/03/2013
Art. 52
QA1176 - Disclosures
Status: Final
Answered: 15/03/2013
Art. 52
QA1160 - Depositaries
Status: Final
Answered: 01/10/2016
Art. 52
QA2 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA3 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA4 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA6 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA7 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA8 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA9 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA10 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA11a - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA11b - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA12 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA13 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA14 - Money Market Funds
Status: Final
Updated: 01/08/2011
Art. 52
QA15 - Money Market Funds
Status: Final
Updated: 01/02/2012
Art. 52
QA16 - Money Market Funds
Status: Final
Updated: 01/02/2012
Art. 52
QA1141 - UCITS global exposure
Status: Final
Answered: 01/10/2016
Art. 52
QA1177 - Efficient portfolio management (EPM) techniques
Status: Final
Answered: 15/03/2013
Art. 52
QA601 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 18/06/2024
Art. 52
QA1136 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1137 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1138 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1139 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1140 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1142 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1143 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1159 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1161 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 01/10/2016
Art. 52
QA1163 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 12/10/2016
Art. 52
QA1178 - UCITS eligible assets and investment restrictions
Status: Final
Answered: 15/03/2013
Art. 52
QA1197 - Leverage
Status: Final
Answered: 01/07/2012
Art. 52(1)
QA1198 - Leverage
Status: Final
Answered: 01/07/2012
Art. 52(1)
QA954 - Disclosures
Status: Final
Answered: 01/02/2023
Art. 52(1)
QA1a - UCITS Directive
Status: Final
Updated: 01/07/2012
Art. 52(1)
QA1201 - Risk management
Status: Final
Answered: 01/12/2013
Art. 52(1)
QA1b - UCITS Directive
Status: Final
Updated: 01/07/2012
Art. 52(1)
QA1194 - UCITS global exposure
Status: Final
Answered: 01/07/2012
Art. 52(1)
QA1195 - UCITS global exposure
Status: Final
Answered: 01/07/2012
Art. 52(1)
QA1196 - UCITS global exposure
Status: Final
Answered: 01/07/2012
Art. 52(1)
QA1202 - UCITS global exposure
Status: Final
Answered: 19/07/2016
Art. 52(1), 52(2)
QA955 - Disclosures
Status: Final
Answered: 03/02/2023
Art. 52(1)(b), 52(1)(f)
QA951 - Disclosures
Status: Final
Answered: 01/02/2023
Art. 52(2)
QA708 - UCITS global exposure
Status: Under Review
Published: 28/03/2023
Art. 52(3), 52(4)
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Article 52 - Directive 2009/65/EC (UCITS Directive)

Attention! This article was amended after the current consolidated version was issued. The amendments apply since 24/12/2024. Please consult Directive 2024/2994 to review the changes made to the article.

Article 52

1.   A UCITS shall invest no more than:

(a)

5 % of its assets in transferable securities or money market instruments issued by the same body; or

(b)

20 % of its assets in deposits made with the same body.

The risk exposure to a counterparty of the UCITS in an OTC derivative transaction shall not exceed either:

(a)

10 % of its assets when the counterparty is a credit institution referred to in Article 50(1)(f); or

(b)

5 % of its assets, in other cases.

2.   Member States may raise the 5 % limit laid down in the first subparagraph of paragraph 1 to a maximum of 10 %. If they do so, however, the total value of the transferable securities and the money market instruments held by the UCITS in the issuing bodies in each of which it invests more than 5 % of its assets shall not exceed 40 % of the value of its assets. That limitation shall not apply to deposits or OTC derivative transactions made with financial institutions subject to prudential supervision.

Notwithstanding the individual limits laid down in paragraph 1, a UCITS shall not combine, where this would lead to investment of more than 20 % of its assets in a single body, any of the following:

(a)

investments in transferable securities or money market instruments issued by that body;

(b)

deposits made with that body; or

(c)

exposures arising from OTC derivative transactions undertaken with that body.

3.   Member States may raise the 5 % limit laid down in the first subparagraph of paragraph 1 to a maximum of 35 % if the transferable securities or money market instruments are issued or guaranteed by a Member State, by its local authorities, by a third country or by a public international body to which one or more Member States belong.

4.   Member States may raise the 5 % limit laid down in the first subparagraph of paragraph 1 to a maximum of 25 % where bonds are issued by a credit institution which has its registered office in a Member State and is subject by law to special public supervision designed to protect bond-holders. In particular, sums deriving from the issue of those bonds shall be invested in accordance with the law in assets which, during the whole period of validity of the bonds, are capable of covering claims attaching to the bonds and which, in the event of failure of the issuer, would be used on a priority basis for the reimbursement of the principal and payment of the accrued interest.

Where a UCITS invests more than 5 % of its assets in the bonds referred to in the first subparagraph which are issued by a single issuer, the total value of these investments shall not exceed 80 % of the value of the assets of the UCITS.

Member States shall send to the Commission a list of the categories of bonds referred to in the first subparagraph together with the categories of issuers authorised, in accordance with the laws and supervisory arrangements mentioned in that subparagraph, to issue bonds complying with the criteria set out in this Article. A notice specifying the status of the guarantees offered shall be attached to those lists. The Commission shall immediately forward that information to the other Member States together with any comments which it considers appropriate and shall make the information available to the public. Such communications may be the subject of exchanges of views within the European Securities Committee referred to in Article 112(1).

5.   The transferable securities and money market instruments referred to in paragraphs 3 and 4 shall not be taken into account for the purpose of applying the limit of 40 % referred to in paragraph 2.

The limits provided for in paragraphs 1 to 4 shall not be combined, and thus investments in transferable securities or money market instruments issued by the same body or in deposits or derivative instruments made with this body carried out in accordance with paragraphs 1 to 4 shall not exceed in total 35 % of the assets of the UCITS.

Companies which are included in the same group for the purposes of consolidated accounts, as defined in Directive 83/349/EEC or in accordance with recognised international accounting rules, shall be regarded as a single body for the purpose of calculating the limits contained in this Article.

Member States may allow cumulative investment in transferable securities and money market instruments within the same group up to a limit of 20 %.