(1) On an application under rule 2.1.2
for registration of a scheme, the Regulatory Authority must—
(a) register the scheme under these rules as either—
(i) a qualified investor scheme; or
(ii) a retail scheme; or
(b) refuse to register the scheme under these rules.
(2) The Regulatory Authority must register the scheme unless it considers that—
(a) the constitutional document does not comply with rule 3.1.2
(Matters to be included in constitutional document-all QFC schemes) or contains a provision that conflicts with any provision of these rules; or
(b) the name of the scheme, any subscheme of the scheme, or a class of units—
(i) is substantially similar to the name of—
(A) a scheme registered under PRIV or these rules; or
(B) a subscheme of an umbrella scheme registered under PRIV or these rules; or
(C) a class of units for a scheme registered under PRIV or these rules; or
(ii) is otherwise undesirable or misleading; or
Note Umbrella scheme
are defined in r 1.2.11
is defined in the glossary.
Guidance on names of CIC
A CIC must not include in its name the following words, abbreviations of the following words or similar words or abbreviations:
(c) public limited company.
(c) the person named in the application as the person who is to become the initial operator of the scheme is not eligible, on the scheme's registration, to be the operator of the scheme under rule 4.1.1
(Requirements for operator-all QFC schemes); or
is defined in r 1.2.8
(d) the person appointed by the operator, and named in the application, as the person who is to become the initial independent entity of the scheme is not—
(i) an authorised firm that is eligible, on the scheme's registration, to be the independent entity of the scheme under rule 4.2.1
(Requirements for independent entity- all QFC schemes); or
(ii) otherwise an appropriate person to be the independent entity of the scheme; or
Note 1 Constitutional document
is defined in r 3.1.1
. Independent entity
is defined in r 1.2.9
For para (d) (ii), see r 4.2.9
(Non-QFC independent entities- criteria for Regulatory Authority action).
(e) the person named in the application as the person who is to become the initial auditor of the scheme is not eligible to be the auditor of the scheme under GENE, section 9.7
(Auditors) as applied by rule 5.6.2
(7) (Appointment and removal of auditors etc-all QFC schemes); or
(f) the prospectus drawn up for the scheme does not comply with these rules; or
Note Prospectus is defined in the glossary.
(g) the scheme does not otherwise comply with these rules; or
(h) it is otherwise inappropriate for the scheme to be registered under these rules.
The Regulatory Authority has power under the Financial Services Regulations
, art 105
to give certain directions in relation to collective investment funds, including a direction to cease the issue or redemption of units in the fund and to wind up the fund.
(3) The Regulatory Authority may register the scheme either—
(a) without conditions, restrictions or requirements; or
(b) with the conditions, restrictions or requirements it considers appropriate.
(4) The Regulatory Authority must give the applicant written notice of its decision on the application.
(5) If the Regulatory Authority refuses to register the scheme or registers the scheme with conditions, restrictions or requirements not agreed to by the applicant, the notice must—
(a) give reasons for the decision; and
(b) tell the applicant that the applicant may appeal to the Regulatory Tribunal against the decision.