5 Amendments of Ramon TREMOSA i BALCELLS related to 2009/0064(COD)
Amendment 404 #
Proposal for a directive
Article 2 – paragraph 2 – point g w (new)
Article 2 – paragraph 2 – point g w (new)
(gw) Internally-managed AIF which have legal personality, do not grant their shareholders any redemption or repurchase rights, invest predominantly in transferable securities, use no or only limited leverage and have their shares traded on a regulated market in the European Union;
Amendment 413 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Specific provisions for self-managed AIF traded on regulated markets Self-managed AIF whose shares are traded on a regulated market in the EU, do not grant their shareholders any redemption or repurchase rights, invest predominantly in transferable securities, and use no or very limited leverage shall be subject to the following specific provisions: 1. Art. 6(1)(c) shall apply only to those shareholders with a qualifying holding that are represented in the AIF’s board or may otherwise exert, or attempt to exert, influence on the AIF’s board or management. 2. Article 12 shall not apply. 3. They will be subject to the accounting standards and valuation rules applicable to companies traded on regulated markets, instead of Article 16 [valuation of AIFM]. 4. Article 17 shall only apply to stocks and other securities traded in organized or regulated markets. Self-Managed AIF will be authorized to use more than one depositary or custodian.
Amendment 591 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
In the case of internally managed AIF whose shares are admitted to trading on a regulated market, information on changes concerning AIFM shareholders with a qualifying holding will have to be notified to the competent authorities before implementation only when those shareholders are, or request to be, represented at the board of the AIF or otherwise exert, or attempt to exert, control or influence on the board or management of the AIF.
Amendment 764 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1 a (new)
Article 16 – paragraph 3 – subparagraph 1 a (new)
However, in the case of internally managed AIF whose shares are admitted to trading on a regulated market in the European Union, the rules applicable to the valuation of assets, the preparation of accounts and, in general, any other transparency requirements will be those applicable to companies whose securities are admitted to trading on a regulated market
Amendment 975 #
Proposal for a directive
Article 17 – paragraph 5 b (new)
Article 17 – paragraph 5 b (new)
5a. Internally-managed AIF with legal personality, which do not grant their shareholders any redemption or repurchase rights, invest predominantly in transferable securities, use no or only limited leverage and have their shares traded on a regulated market in the European Union may be exempted from the application of this article by the competent authority of the Member State where they have their registered office, provided the AIF´s ownership of all its assets is subject to appropriate systems of control and is verified by an independent auditor at least annually.