Scope of the directive
section 1 of this Regulation shall apply for the purposes of the law
(2004:46) on mutual funds.
Terms and expressions used in the regulation has the same
meaning and scope of the law on
unit trusts.
Certificate of beneficiary Fund
section 2 of the financial supervision authority shall, on request, issue a certificate of
to a unit trust complies with the requirements to be
the recipient Fund according to Chapter 1. 1 paragraph 19 (b) and (c)
Act (2004:46) on mutual funds.
Consultation and notification of refusals
3 § Before the financial supervision authority refuses a management company
application for authorization to administer a unit trust under
1 Cape. 6 (b) § Act (2004:46) on mutual funds, to
the inspection shall consult the competent authority in the company's
homeland.
The financial supervision authority shall inform the European Commission and
The European Securities and markets authority about how many
applications rejected and the reasons for rejection.
Web information
paragraph 4 of the financial supervision authority shall publish on its website
information on the laws, regulations and administrative provisions relating to the
for formation and operation of mutual funds in this country
as well as for the marketing of units of UCITS
refers to Chapter 1. section 7 of the Act (2004:46) on mutual funds.
The information shall be published at least in a language
widely used on the international financial
markets.
Request for additional information
5 § where a competent authority requests additional information about
the contents of a certificate issued in accordance with the Swedish financial supervisory authority
Chapter 2. 13 section or paragraph 15 a law
(2004:46) if mutual funds or the documentation
a fund management company in connection with an application for authorisation
Managing a UCITS, the inspection should answer
request within 10 working days from the date it was received.
Details of the contract
section 6 of the financial supervision authority shall promptly forward
details of the contract referred to in Chapter 4. section 7 of the law
(2004:46) if investment funds to the competent authority of a
touched the UCITS home Member State.
Notification to the tax on cross-border
mergers
section 7 of the financial supervision authority shall inform the tax authority decisions
to allow unit trust may be included in a
cross-border merger under Chapter 8. section 21 Act (2004:46)
about mutual funds.
The financial supervision authority shall also inform the tax authorities of
decision of a competent authority to approve a
cross-border merger where a unit trust is
takeover fund.
Applications for authorisation for the acquisition of shares
§ 8 the provisions of sections 9 to 12 applicable to
The Swedish financial supervisory authority's processing of applications for permits
to the acquisition of shares in accordance with section 11. paragraph 1 of the first and second
paragraph (s) Act (2004:46) on mutual funds.
9 § financial supervisory authority to the written confirmation
referred to in section 11. 1 paragraph Act (2004:46) about
mutual funds enter the date of the assessment period
out.
section 10 If the FSA need additional information for
to assess an application for authorisation to acquire, get
the inspection order the purchaser to complete the application.
The notice shall be in writing and should clearly indicate
what further information is required.
An order completion may not be made later than
the 50th working day of the assessment period.
section 11 Of the financial supervisory authority requests supplementary information,
should the assessment period be extended by a period equal to
the number of working days between the date on which the notice was sent
and the date on which the additional information was submitted to the
the inspection. The extension shall not exceed twenty
working days unless otherwise follows from the second paragraph.
The assessment period may be extended by not more than one point.
The financial supervision authority may extend the assessment period to a maximum of
thirty working days about
1. the customer does not have his domicile in the EEA, or
2. the customer is not
(a)) credit institutions, electronic money institutions,
an insurance undertaking, a securities firm, a stock exchange,
a mutual fund company, a mutual fund company or an aifm and
under the supervision of the Swedish financial supervisory authority, or
(b)) a foreign company in the EEA as in their home country may
push the corresponding activities of a company referred to in (a)
and under the supervision of a public authority or another
competent body.
The financial supervision authority shall, within two working days of
additional information submitted to the inspection post
a confirmation to the customer that data has been
received. In confirmation, it will also indicate the date on which the
the evaluation period expires.
section 12 of the Swedish financial supervisory authority's decision in the case of authorisations to
the acquisition will be written. The decision must be notified within two
working days from the time it was taken.
If an authority or another competent body in another
country in the EEA of the acquirer has provided
comments to the Swedish financial supervisory authority, those comments
indicated in the decision.
Notifications to the companies Registration Office of members and alternates
section 13 Of the financial supervision authority pursuant to Chapter 12. section 3 of the law
(2004:46) on unit trusts decides that a
Member of the Board or the Executive Director may no longer be
be it, should the inspection as soon as possible, inform the companies registration office if
the decision. The same applies if the supervision authority appoints a
replacement of a member of the Board of directors or Executive
Director.
Notification to the EU institutions
section 14 of the financial supervision authority shall inform the European
Securities and markets authority if any condition that
granted in accordance with Chapter 1. the first sentence of paragraph 4 of the Act (2004:46)
about mutual funds.
section 15, the financial supervision authority shall inform the European
the Commission and the European Securities and
markets authority about the difficulties of a general nature that
Fund company encountered in the marketing of the units in countries
outside the EEA.
section 16 of the financial supervision authority shall inform the European
the Commission and the European Securities and
markets authority of measures inspection
taken against the management company pursuant to Chapter 12. 15 § third
first sentence Act (2004:46) about
unit trusts.
section 17 of the financial supervision authority to the European Commission and
The European Securities and markets authority shall submit a
list of banks and credit market companies rated
authorization to issue covered bonds under the law
(2003:1223) on the issuance of covered bonds. At
any change to a new list to be handed over.
Appropriations
section 18 of the financial supervision authority may, in the case of Act (2004:46) about
mutual funds provide for
1. translation into Swedish and English language of
information which UCITS and management companies in
Sweden
2. the information, beyond what is apparent from this
Regulation, an application, notification or notice to
contain and the information to be given at the same time to
The Swedish financial supervisory authority,
3. what action that UCITS shall take according to Chapter 1. 7 §
second subparagraph,
4. the items which may be included in the initial capital in accordance with 2
Cape. 4 §,
5. the contents of such a plan required pursuant to Chapter 2. section 6 of the
second subparagraph,
6. the items which may be included in the own resources referred to in Chapter 2.
8, 9 and 11 sections,
7. the contents of such a plan required pursuant to Chapter 2. 12 §
first paragraph 1 or article 15 paragraph 1,
8. on the language in which the notification provided for in Chapter 2. 15 c section
the paragraph should be written,
9. the management company shall publish the documents according to 2
Cape. 15 (c) paragraph,
10. what a fund company must respect in order to meet
the obligations in Chapter 2. 17 and 17 c sections,
11. the contents of the Fund rules pursuant to Chapter 4. section 8,
12. the information to be provided in the notification to the
shareholders according to Chapter 4. 9 (a) and the manner in which
the notification shall be submitted,
13. content of information brochures and fact sheets in accordance with
4 Cape. 15 and 16 (a) sections,
14. the contents of information on risk management according to Chapter 4.
section 17,
15. the content of annual reports and semi-annual reports
According to Chapter 4. section 18,
16. provision of information brochure and fact sheet
According to Chapter 4. section 20,
17. the language in which the information referred to in Chapter 4. section 20 should
be provided,
18. information on costs in accordance with Chapter 4. section 22,
19. criteria for financial assets in a
unit trust may be placed in accordance with Chapter 5. 1 section
subparagraph, first sentence thereof,
20. what techniques and instruments a fund company may use
According to Chapter 5. 1 paragraph and the conditions and limits for the
such use,
21. the system of risk management as a fund company to have
According to Chapter 5. section 2 of the first and second subparagraphs,
22. the contents of information on risk management in accordance with Chapter 5.
section 2 of the third paragraph,
23. criteria for index funds in accordance with Chapter 5. section 7,
24. the estimation of exposures in accordance with Chapter 5. 13 and 14 sections,
25. any information relating to the administrative charges referred to in 5
Cape. section 18, first paragraph,
26. How does the notification to the shareholders in accordance with the
5 a Cape. section 7 shall be provided,
27. the errors and omissions to be reported under 5 (a)
Cape. section 18,
28. the conditions for the transfer of financial instruments
and management under 5 a Cape. 37 and 46 §§,
29. what steps a company should take if it takes
against funds with accountability according to Chapter 7. 1 §,
30. what measures a fund company should take to
comply with the requirements deriving from the provisions of Chapter 7. 3 §,
31. what information referred to in Chapter 8. section 8 should contain, how
It should be designed, how it should be provided and
What is to be attached to the information,
32. the language in which the documents to be submitted together
with the application in accordance with Chapter 8. section 19 shall be established,
33. what information companies, fund management companies,
UCITS and depositories shall submit to
The Swedish financial supervisory authority in accordance with Chapter 10. section 2 of the first paragraph, and when
the information to be provided, and
34. to certain tasks in accordance with Chapter 10. paragraph 2(1) of the
must be submitted to the financial supervision authority instead to be given to
The central statistical office. Regulation (2014:566).
19 § Before the FSA announces rules with
support of section 18 of the 34, the Inspectorate give the Riksbank and
The central statistical office the opportunity to submit their comments.
Regulation (2014:507).
Transitional provisions
2013:588
1. This Regulation shall enter into force on 22 July 2013.
2. This regulation repeals Regulation (2004:75) if
investment funds.
3. The repealed regulation remains in force with regard to the
such mutual fund companies and other fund managers with the support of
transitional provisions to the Act (2013:563) to amend the
Act (2004:46) if investment funds operating
According to the law and with regard to special funds and
UCITS managed by them.
