Financial and capital market Commission, the provisions of regulations no 243 in Riga on 11 November 2011 (financial and capital market Commission Council meeting No. 43 5. p.)
The amendments to the regulations the provisions on "criteria of the open fund investment object for investment management company compliance with legal requirements" Issued in accordance with the investment management company, article 61 of the law of the sixth and the fourth paragraph of article 65 to make financial and capital market Commission's regulatory rules 18.07.2008. No. 104 "the legislative provisions on the criteria of the open fund investment object for investment management company compliance with legal requirements" (hereinafter-the rules) the following amendments : 1. Express provisions in the grounds of the issue as follows: "Issued in accordance with the investment management company, article 61 of the law of the sixth and the fourth paragraph of article 65".
2. Make a point 2 as follows: "2. the provisions are binding on the investment management companies (hereinafter-the company), established in the Republic of Latvia the open fund management."
3. turn off 18.
4. Express 31 the following: "31. If the open Foundation of efficient portfolio management purposes and is used for active repurchase transactions or securities lending or other business, it is taken into account in calculating the open fund investment restrictions according to the investment management community on article 66 of the law. "
5. Turn off 21.8. in paragraph "according to".
6. To express the point 38 as follows: "38. Derivative financial instruments valuation procedure which provides the derived financial instrument RTA accurate and independent assessment in relation to the evaluation of credible and verifiable, determining its true value, means: 38.1 for accurate assessment. — the ability of the public throughout the derived financial instruments while operating reliably and with reasonable accuracy to assess the contribution of the Fund concerned according to its fair value, reflecting its market value at the time;
38.2. in relation to the evaluation of the independent – to ensure the company's internal control system and the means to carry out the risk analysis unit that is independent from the current Fund asset management or investment activities investigating bodies and the counterparty, or if these conditions cannot be met, an independent third party. The company shall ensure that the independent third party could adequately assess all RTA derivative financial instruments, intended for use on an open invoice, types of the Fund, having regard to their nature and complexity. "
7. To supplement the rules with a new paragraph 23.7 as follows: "the company followed 38.1 due diligence in making decisions about the RTA assessment of derivatives of functions delegation or delegated service interruption, designing and implementing order in which society assesses and tests the person that will be delegated to the RTA financial derivatives valuation function, its competence and the ability to reliably, professionally and effectively make RTA the Fund financial derivatives valuation as well as the procedure for those persons standing performance evaluation. "
8. Add to the section "Informative references to the directives of the European Union and the European securities regulators Committee" with a new paragraph as follows: "5) Commission directive 2010/01.07.2010.43/EU of the European Parliament and of the Council directive 2009/65/EC with regard to the organisational requirements, conflicts of interest, professional ethics, risk management, and between the management company and the depositary of the Agreement sealed content."
Financial and capital market Commission Deputy Chairman j. Brazovsk a