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UCITS Anatomy™
Article financial derivative instrument, UCITS IV (view template)
- (g) financial derivative instruments, including equivalent cash-settled instruments, dealt in on a regulated market referred to in points (a), (b) and (c) or financial derivative instruments dealt in over-the-counter (OTC) derivatives, provided that:
- (i) the underlying of the derivative consists of instruments covered by this paragraph, financial indices, interest rates, foreign exchange rates or currencies, in which the UCITS may invest according to its investment objectives as stated in its fund rules or instruments of incorporation;
- (ii) the counterparties to OTC derivative transactions are institutions subject to prudential supervision, and belonging to the categories approved by the competent authorities of the UCITS home Member State; and
- (iii) the OTC derivatives are subject to reliable and verifiable valuation on a daily basis and can be sold, liquidated or closed by an offsetting transaction at any time at their fair value at the UCITS’ initiative; or
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What is an eligible derivative for a UCITS to invest in. This little nugget cleared up a whale of confusion, fear and loathing that had existed in UCITS III about whether a derivative needed to be actually terminable, or whether the UCITS needed only to be able to offset its risk to the derivative position somehow. This makes it clear the trade must be terminable at any time.