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Updated 15/01/2025

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In force since 30/07/2010

Version from: 01/08/2022

References (12)

Timeline

02/08/2021

Amendment: Delegated Directive 2021/1270 published in OJ

10/07/2010

Directive 2010/43/EU published in OJ

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Synchronised with EUR-Lex on 15/01/2025

UCITS Tool Directive 2010/43/EU

Directive 2010/43/EU

Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company (Text with EEA relevance)

CHAPTER I - SUBJECT-MATTER, SCOPE AND DEFINITIONS (Article 1-3)Article 1 - Subject matter Article 2 - Scope Article 3 - Definitions

CHAPTER II - ADMINISTRATIVE PROCEDURES AND CONTROL MECHANISM (Article 4-16)

SECTION 1 - General principles (Article 4-5a)Article 4 - General requirements on procedures and organisation GL Article 5 - Resources GL Article 5a - Obligation for investment companies to integrate sustainability risks in the management of UCITS

SECTION 2 - Administrative and accounting procedures (Article 6-8)Article 6 - Complaints handling Article 7 - Electronic data processing GL Article 8 - Accounting procedures

SECTION 3 - Internal control mechanisms (Article 9-16)Article 9 - Control by senior management and supervisory function GL Article 10 - Permanent compliance function Article 11 - Permanent internal audit function Article 12 - Permanent risk management function GL Article 13 - Personal transactions Article 14 - Recording of portfolio transactions Article 15 - Recording of subscription and redemption orders Article 16 - Recordkeeping requirements

CHAPTER III - CONFLICT OF INTERESTS (Article 17-21)Article 17 - Criteria for the identification of conflicts of interest Article 18 - Conflicts of interest policy Article 19 - Independence in conflicts management Article 20 - Management of activities giving rise to detrimental conflict of interest Article 21 - Strategies for the exercise of voting rights

CHAPTER IV - RULES OF CONDUCT (Article 22-29)

SECTION 1 - General principles (Article 22-23)Article 22 - Duty to act in the best interests of UCITS and their unit-holders Q&AGL Article 23 - Due diligence requirements Q&AGL

SECTION 2 - Handling of subscription and redemption orders (Article 24)Article 24 - Reporting obligations in respect of execution of subscription and redemption orders

SECTION 3 - Best execution (Article 25-26)Article 25 - Execution of decisions to deal on behalf of the managed UCITS Article 26 - Placing orders to deal on behalf of UCITS with other entities for execution

SECTION 4 - Handling of orders (Article 27-28)Article 27 - General principles Article 28 - Aggregation and allocation of trading orders

SECTION 5 - Inducements (Article 29)Article 29 - Safeguarding the best interests of UCITS Q&A

CHAPTER V - PARTICULARS OF THE STANDARD AGREEMENT BETWEEN A DEPOSITARY AND A MANAGEMENT COMPANY (Article 30-37)Article 30 - Elements related to the procedures to be followed by the parties to the agreement Article 31 - Elements related to the exchange of information and to obligations on confidentiality and money-laundering Article 32 - Elements related to the appointment of third parties GL Article 33 - Elements related to potential amendments and the termination of the agreement Article 34 - Applicable law Article 35 - Electronic transmission of information Article 36 - Scope of the agreement Article 37 - Service level agreement

CHAPTER VI - RISK MANAGEMENT (Article 38-45)

SECTION 1 - Risk management policy and risk measurement (Article 38-39)Article 38 - Risk management policy GL Article 39 - Assessment, monitoring and review of risk management policy GL

SECTION 2 - Risk management processes, Counterparty risk exposure and issuer concentration (Article 40-43)Article 40 - Measurement and management of risk GL Article 41 - Calculation of global exposure Q&A Article 42 - Commitment approach GL Article 43 - Counterparty risk and issuer concentration Q&A

SECTION 3 - Procedures for the valuation of the OTC derivatives (Article 44)Article 44 - Procedures for the assessment of the value of OTC derivatives Q&A

SECTION 4 - Transmission of information on derivative instruments (Article 45)Article 45 - Reports on derivative instruments

CHAPTER VII - FINAL PROVISIONS (Article 46-48)Article 46 - Transposition Article 47 - Entry into force Article 48 - Addressees

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