Cross-Border Distribution of UCITS

 M4

The annual and half-yearly reports shall be supplied to unit-holders free of charge on request.

1

The annual and half-yearly reports must be available to the public at the places, or through other means approved by the com- petent authorities, specified in the full and simplified prospectus.

 B

B. Publication of other information

Article 34

A UCITS must make public in an appropriate manner the issue, sale, repurchase or redemption price of its units each time it issues, sells, repurchases or redeems them, and at least twice a month. The competent authorities may, however, permit a UCITS to reduce the frequency to once a month on condition that such a derogation does not prejudice the interests of the unit-holders.

 M4

Article 35

All publicity comprising an invitation to purchase the units of UCITSmust indicate that prospectuses exist and the places where they may be obtained by the public or how the public may have access to them.

 B

SECTION VII

The general obligations of UCITS

Article 36

1. Neither:

—An investment company, nor

—A management company or depositary acting on behalfof a unit trust, may borrow.

However, a UCTIS may acquire foreign currency by means of a ‘backto-back’ loan.

2. By way of derogation from paragraph 1, a Member State may authorize a UCITS to borrow:

(a) Up to10%

—Of its assets, in the case of an investment company, or

—Of the value of the fund, in the case of a unit trust, provided that the borrowing is on a temporary basis;

(b) Up to 10 % of its assets, in the case of an investment company, provided that the borrowing is to make possible the acqui- sition of immovable property essential for the direct pursuit of its business; In this case the borrowing and that referred to in subparagraph (a) may not in any case in total exceed 15 % of the borrower’s assets.

Article 37

1. A UCITS must re-purchase or redeem its units at the request of any unit-holder.

2. By way of derogation from paragraph 1:

(a) A UCITS may, in the cases and according to the procedures provided for by law, the fund rules or the investment com- pany’s instruments of incorporation, temporarily suspend the re-purchase or redemption of its units. Suspension may be provided for only in exceptional cases where circumstances so require, and suspension is justified having regard to the interests of the unit-holders;

| Cross-border distribution of UCITS | Appendices

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