Money market funds Money market funds will normally fall within the UCITS framework, covered below, while private
equity funds will be regulated by the AIFMD, which is covered in chapter 8. This section does not
seek to provide a comprehensive overview of regulations that will influence asset managers – either
their own administration, or the types of assets they may hold. Rather it attempts to explain the
development and nature of regulations that could prompt behavioural change that might have
systemic implications.
4.1.1 UCITS I-V UCITS (Undertakings for Collective Investment in Transferable Securities) are investment funds that
have been established in accordance with UCITS Directive (adopted in 1985). Once registered in one
EU country, a UCITS fund can be freely marketed across the EU. Managing over €5 trillion in assets
UCITS have proven to be successful and are widely used by European households. UCITS are also
regularly sold to investors outside the EU where they are highly valued due to the high level of
investor protection they embody.
The agreement of the Single European Act in 1985 reflected the enthusiasm for opening up markets
and, in the financial services field, it seemed an easy “win” to liberalise the market for investment
funds. They seemed to be a simple and fairly standard product so it should be an easy task to
liberalise their cross-border sale. Accordingly, a directive for Undertakings for Collective Investment
in Transferable Securities (UCITS) was proposed.
UCITS I was enacted in 1985 and carefully defined both the product and the role of the management
company:
The product was limited explicitly to “undertakings - the sole object of which is the
collective investment in transferable securities of capital raised from the [at least in the EU]
public and which operate on the principle of risk-spreading.”
“The investments of a unit trust or of an investment company must consist solely of: (a)
transferable securities admitted to official listing on a stock exchange in a Member State
and/or; (b) transferable securities dealt in on another regulated market in a Member
State…” Non-EU markets may be recognised as well.
“A UCITS may invest no more than 10 % of its assets in transferable securities other than
those referred to in paragraph 1…”
The management company had to have sufficient resources and the directors and
depositary are of “sufficiently good repute”. Importantly, it specified that “No management
company may engage in activities other than the management of unit trusts and of
investment companies.”
So the managers’ freedom of business was constrained at the very beginning as the potential growth
of pension funds was only a gleam in the eye at that time. The listing requirement excluded money
market instruments, derivatives and many debt instruments, though the rules were relaxed in 1988