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(1) (except in relation to MiFID business) a firm which is either:(a) a UCITS firm; or(b) a UCITS investment firm.(2) (in relation to MiFID business) a management company as defined in the UCITS Directive.[Note: article 4 (1)(24) of MiFID]
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(a) an authorised fund whose instrument constituting the scheme contains a statement that it is a UCITS scheme; or(b) an umbrella that is a UCITS scheme each of whose sub-funds would be a UCITS scheme if it had a separate authorisation order;unless:(c) the scheme raises capital without promoting the sale of its units to the public within the EEA or any part of it; or(d) the scheme'sunits under its trust deed or its instrument constituting the scheme, may be sold only to the public in non-EEA States.
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a firm which:(a) is the operator of a UCITS scheme including where in addition the firm is also the operator of a collective investment scheme which is not a UCITS scheme; and(b) does not have a Part IV permission to carry on any regulated activities other than those which are in connection with, or for the purpose of, such schemes.
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a firm which:(1) is the operator of a UCITS scheme (whether or not it is also the operator of other schemes); and(2) has a Part IV permission to manage investments where:(a) the investments managed include one or more of the instruments listed in Section C of Annex 1 to MiFID; and(b)the permission extends to activities permitted by article 5(3) of the UCITS Directive as well as those permitted by article 5(2).
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a parent financial holding company in a Member State where the EEA State in question is the United Kingdom.
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a firm (other than an EEA UCITS management company) which:(a) for the time being is an operator, trustee or depositary of a scheme which is a recognised scheme under section 264 of the Act; and(b) is an authorised person as a result of paragraph 1(1) of Schedule 5 to the Act (Persons Concerned in Collective Investment Schemes);a reference to a firm as a UCITS qualifier applies in relation to the carrying on by the firm of activities for which it has permission in that capacity.
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the Council Directive of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (No 85/611/EEC),, as amended.