Updated 05/02/2025
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Version from: 25/10/2024
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Article 8 - Delegated Regulation 2024/2759

Article 8

The determination of the execution price and the pro-ratio conditions where transfers are matched as referred to in Article 19(2a) of Regulation (EU) 2015/760, and the level of the fees, costs and charges, if any, related to the transfer

1.  
The manager of an ELTIF may determine the execution price referred to in Article 19(2a), point (a)(iv), of Regulation (EU) 2015/760 by using the net asset value or other price determination methods, provided that the fair treatment of all investors, including exiting and remaining investors of the ELTIF, is ensured, in particular where the ELTIF allows for redemptions as referred to in Article 18(2) of that Regulation.
2.  
Where the execution price referred to in Article 19(2a), point (a)(iv), of Regulation (EU) 2015/760 is based on the net asset value, the manager of an ELTIF shall align the matching of transfer requests with the valuation dates of the ELTIF. Where such execution price is not based on the net asset value, the manager of an ELTIF shall implement such matching outside the valuation dates of the ELTIF.
3.  
Where an ELTIF provides for the possibility of redemptions during the life of the ELTIF as referred to in Article 18(2) of Regulation (EU) 2015/760, the ELTIF shall set out the rules determining any exit or purchase fee related to the matching of transfer requests.
4.  

 With respect to the requirement, laid down in Article 19(2a), point (b), of Regulation (EU) 2015/760, that where there is a mismatch between exiting and potential investors, matching is to be carried out on a pro rata basis, the policy for matching requests of the ELTIF shall specify all of the following:

(a) 

where there are purchasing orders but no sale orders, or vice versa, whether the requests are cancelled or carried over;

(b) 

where exit orders are lower than purchasing orders, that exit orders are carried out and that purchasing orders that are to be satisfied are selected on the basis of the criterion established by the manager of the ELTIF, and whether the excess purchasing orders are carried over and, if so, for how long;

(c) 

where exit orders are higher than purchasing orders, that the manager of the ELTIF executes the exit orders on the basis of the criterion established by the manager of the ELTIF, and whether the excess exit orders are carried over and, if so, for how long.

The rules that specify how matching is to be carried out on a pro rata basis shall be based on the size of each exit order and take into account the available assets of the ELTIF and the features of the ELTIF.