Article 6 · Regulation (EU) 2024/1988

Contents

Article 6Special reporting requirements on residency and institutional sector of holders of IF shares/units#

1.IFs shall report statistical information on the residency and institutional sector breakdown of the holders of IF registered shares/units issued by IFs set out in Tables 1 and 2, section 9 (IF shares/units), of Annex I.

2.Where the residency or institutional sector breakdown of the holder of IF registered shares/units issued by IFs referred to in paragraph 1 cannot be directly identified, IFs shall report the relevant statistical information on the basis of available information.

3.Where the residency or institutional sector breakdown of the holders of IF bearer shares/units issued by IFs set out in Tables 1 and 2, section 9 (IF shares/units), of Annex I cannot be directly identified, the relevant statistical information shall be reported in accordance with the instructions or arrangements established by the relevant NCB based on one or more of the following options:

(a)issuing IFs shall report statistical information on the residency and institutional sector breakdown of the holders of IF bearer shares/units, including where it is based on information provided by the agent distributing the IF bearer shares/units, or from any other entity involved in the issue, buy-back or transfer of the IF bearer shares/units;

(b)NCBs may require MFIs or OFIs acting as a custodian of IF bearer shares/units, to report statistical information on the residency and institutional sector breakdown of the holders of those IF bearer shares/units, issued by resident IFs and held in custody on behalf of the holder or of another intermediary also acting as a custodian, where both of the following apply:

(i)the custodian distinguishes IF bearer shares/units kept in custody on behalf of holders from IF shares/units kept on behalf of other custodians; and

(ii)most of the IF bearer shares/units are in the custody of domestic resident institutions that are classified as financial intermediaries (MFIs or OFIs).

4.NCBs may derive the required statistical information on IF shares/units issued by IFs on the basis of available information, including the statistical information collected pursuant to Regulation (EU) No 1011/2012 (ECB/2012/24), where that information complies with the timeliness requirements of Article 8 of this Regulation and with the minimum standards set out in Annex IV to this Regulation.

Defined terms · 12

Show every defined term

custodian
means an entity belonging to the ‘financial corporations sector’ as defined in paragraph 2.55 of Annex A to Regulation (EU) No 549/2013 and undertaking the safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cash/collateral management as specified in Section B, point (1), of Annex I to Directive 2014/65/EU of the European Parliament and of the Council;
Domestic
means the IF predominantly invests in assets issued by residents in the same country as the investment fund.
Financial transactions
refers to those transactions that arise out of the creation, liquidation or change in ownership of financial assets or liabilities.
investment fund
(IF) means a collective investment undertaking that: The following are considered IFs for the purposes of this Regulation: The following are not considered IFs for the purposes of this Regulation:
monetary financial institution
(MFI) means ‘monetary financial institution (MFI)’ as defined in Article 2(1) of Regulation (EU) 2021/379 (ECB/2021/2);
non-UCITS IF
means IFs that are not UCITS as defined in point (11).
other financial intermediaries except insurance corporations and pension funds
(OFIs) means ‘other financial intermediaries except insurance corporations and pension funds’ as defined in paragraphs 2.86 to 2.94 of Annex A to Regulation (EU) No 549/2013 of the European Parliament and of the Council and excluding financial vehicle corporations engaged in securitisation transactions (FVCs) as defined in paragraph 2.90 of that Annex;
Price and exchange rate revaluations
refers to fluctuations in the valuation of assets and liabilities that arise either from changes in the prices of assets and liabilities and/or the exchange rates that affect the values expressed in euro of assets and liabilities denominated in a foreign currency.
relevant NCB
means the NCB of the euro area Member State in which the IF is resident;
resident
means established within the territory of a Member State.
security-by-security information
means information broken down into individual securities;
undertakings for collective investment in transferable securities
(UCITS) means ‘undertakings for collective investment in transferable securities’ as referred to in Article 1(2) of Directive (EC) No 2009/65 of the European Parliament and of the Council;