Article 5
Eligibility criteria for units or shares in UCITS
1.
For the purposes of point (r) of Article 4(1), a counterparty may only use units or shares in UCITS as eligible collateral where all the following conditions are met:
(a)
the units or shares have a daily public price quote;
(b)
the UCITS are limited to investing in assets that are eligible in accordance with Article 4(1);
(c)
the UCITS meet the criteria laid down in Article 132(3) of Regulation (EU) No 575/2013.
For the purposes of point (b), UCITS may use derivative instruments to hedge the risks arising from the assets in which they invest.
Where a UCITS invests in shares or units of other UCITS, the conditions laid down in the first subparagraph shall also apply to those UCITS.
2.
By way of derogation from point (b) of paragraph 1, where a UCITS or any of its underlying UCITS do not only invest in assets that are eligible in accordance with Article 4(1), only the value of the unit or share of the UCITS that represents investment in eligible assets may be used as eligible collateral pursuant to paragraph 1 of this Article.
The first subparagraph shall apply to any underlying UCITS of a UCITS that has underlying UCITS of its own.
3.
Where non-eligible assets of a UCITS can have a negative value, the value of the unit or share of the UCITS that may be used as eligible collateral pursuant to paragraph 1 shall be determined by deducting the maximum negative value of the non-eligible assets from the value of eligible assets.