UK Statutory Instrument SI 2001 United Kingdom

The Open-Ended Investment Companies Regulations 2001

Status
In Force
Penalty ceiling
Prosecution 6 of 60 obligations carry an unlimited fine. 1 carries different penalties and 53 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trader38 Director or Officer6 Any Person4 Applicant1

Plus 11 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts
Director or Officer — also bound by 429 other Acts
Any Person — also bound by 2340 other Acts
Applicant — also bound by 307 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.004 Registration by the Authority Regulated
Other duties (1) — Crown / regulator
  • Authority must register OEIC documents upon authorisationStatutory regulator
s.005 Safekeeping of scheme property by depositary Regulated
  • Appoint a depositary and entrust all scheme property for safekeepingTrader
s.011 Segregated liability of sub-funds Regulated
  • Ensure sub-fund assets are legally ring-fenced and separateTrader
s.012 Applications for authorisation Prosecution
  • Provide false or misleading information in authorisation applicationAny Person

Unlimited fine

s.013 Particulars of directors Regulated
  • Provide full particulars of proposed directors in authorisation applicationApplicant
s.015 Requirements for authorisation Regulated
  • Meet all authorisation requirements for an open-ended investment companyTrader
s.016 Representations against refusal of authorisation Regulated
Other duties (1) — Crown / regulator
  • Authority must give warning and decision notices on refused authorisation applicationsStatutory regulator
s.018 Registrar’s approval of names Regulated
  • Get FCA approval before changing your OEIC's nameTrader
s.019 Prohibition on certain names Regulated
  • Choose a company name that is not prohibitedTrader
s.020 Registrar’s index of company names Regulated
Other duties (1) — Crown / regulator
  • FCA must notify Companies House of OEIC name on authorisation or name changeStatutory regulator
s.021 The Authority’s approval for certain changes in respect of a company Regulated
  • Notify FCA of specified proposed changes and wait for approvalTrader
s.022 Procedure when refusing approval of proposed changes Regulated
Other duties (1) — Crown / regulator
  • Authority must give warning and decision notices when refusing approval of OEIC changesStatutory regulator
s.022 The Authority’s approval for conversion of a feeder UCITS Regulated
  • Notify FCA before converting a feeder UCITS into a non-feeder UCITSTrader
s.023 Ending of authorisation Regulated
Other duties (1) — Crown / regulator
  • Authority must secure winding-up steps before revoking OEIC authorisationStatutory regulator
s.024 Procedure Regulated
Other duties (1) — Crown / regulator
  • FCA must give warning and decision notices before revoking fund authorisationStatutory regulator
s.027 Procedure on giving directions under regulation 25 and varying them on Authority’s own initiative Regulated
Other duties (1) — Crown / regulator
  • FCA must follow a set procedure when issuing a direction to an OEICStatutory regulator
s.028 Procedure: refusal to revoke or vary direction Regulated
Other duties (1) — Crown / regulator
  • FCA must give warning notice and decision notice when refusing or varying a directionStatutory regulator
s.029 Information for feeder UCITS Regulated
Other duties (1) — Crown / regulator
  • Authority must inform feeder UCITS of master UCITS compliance failures and noticesStatutory regulator
s.032 Dissolution on winding up by the court Prosecution
  • Fail to register dissolution documents on timeAny Person

Fine up to £200

s.033 Merger or division of a master UCITS Regulated
Other duties (1) — Crown / regulator
  • Authority must require winding up of feeder UCITS on master merger or division unless conditions metStatutory regulator
s.035 Directors to have regard to interests of employees Regulated
  • Consider employee interests alongside shareholder interestsDirector or Officer
s.036 Inspection of directors’ service contracts Regulated
  • Keep directors' service contracts available for shareholder inspectionTrader
s.037 General meetings Regulated
  • Hold an annual general meeting each yearTrader
s.046 Share certificates Regulated
  • Prepare and deliver share certificates when requiredTrader
s.048 Bearer shares Regulated
  • You cannot issue bearer shares after 1 January 2021Trader
s.054 Name to appear in correspondence etc. Regulated
  • Display company name legibly on letters, documents and websiteTrader
s.055 Particulars to appear in correspondence etc. Regulated
  • Display company details on letters, documents and websitesTrader
s.061 Personal liability for contracts and deeds Regulated
  • Avoid personal liability when acting for an unregulated ICTrader
s.064 Punishment for fraudulent trading Prosecution
  • Carry on business with intent to defraud creditorsAny Person

Unlimited fine

s.066 Reports: preparation Regulated
  • Prepare annual and half-yearly reports for your OEICDirector or Officer
s.067 Reports: accounts Regulated
  • Include audited accounts in your annual report to shareholdersTrader
s.075 Inspection etc. of records kept by the Authority Regulated
Other duties (1) — Crown / regulator
  • Anyone may inspect the Authority's public register and request copiesStatutory regulator
s.081 Offences by bodies corporate etc. Prosecution
  • Company or officer liable for regulatory offenceDirector or Officer

Unlimited fine

s.083 Evidence of grant of probate etc. Regulated
  • Accept probate documents as sufficient evidence of grantTrader
62 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Open-ended investment company
s.006 FCA rules
s.007 Modification or waiver of FCA rules
s.008 Notices: general
s.009 Publication
s.010 The Authority’s procedures
s.011 The Tribunal
s.011 Cross sub-fund investment
s.014 Authorisation
s.017 Certificates
s.025 Directions
s.026 Applications to the court
s.029 Procedure: revocation of direction and grant of request for variation
s.029 Information for home state regulator
s.030 Power to investigate
s.031 Winding up by the court
s.033 Dissolution in other circumstances
s.033 Winding up of a master UCITS
s.033 Winding up of sub-funds
s.034 Directors
s.034 Removal of certain directors by ordinary resolution
s.037 Election to dispense with annual general meetings
s.038 Capacity of company
s.039 Power of directors and general meeting to bind the company
s.040 No duty to enquire as to capacity etc.
s.041 Exclusion or deemed notice
s.042 Restraint and ratification by shareholders
s.043 Events affecting company status
s.044 Invalidity of certain transactions involving directors
s.045 Shares
s.047 Exceptions from regulation 46
s.049 Register of shareholders
s.050 Power to close register
s.051 Power of court to rectify register
s.052 Share transfers
s.053 Power incidental to carrying on business
s.056 Contracts: England and Wales or Northern Ireland
s.057 Execution of documents: England and Wales or Northern Ireland
s.058 Execution of deeds or other documents by attorney
s.059 Authentication of documents: England and Wales
s.060 Official seal for share certificates
s.062 Exemptions from liability to be void
s.063 Power of court to grant relief in certain cases
s.065 Power to provide for employees on cessation or transfer of business
s.068 Reports: voluntary revision
s.069 Auditors
s.070 Mergers and divisions
s.071 Register of open-ended investment companies
s.072 Companies’ registered numbers
s.073 Delivery of documents to the Authority
s.074 Keeping of company records by the Authority
s.076 Provision by the Authority of documents in electronic form
s.077 Documents relating to Welsh open-ended investment companies
s.078 Public notice by the Authority of receipt and issue of certain documents
s.079 Exclusion of deemed notice
s.080 Contraventions
s.082 Jurisdiction and procedure in respect of offences
s.083 Disclosure under the UCITS directive
s.084 Minor and consequential amendments
s.085 Revocation etc.
Schedules

Schedules

26 of 77 shown
s.sch001 Subject to regulations 21 and 26, any subsequent appointment of... Regulated
  • Directors must appoint the depositary for an OEICDirector or Officer
s.sch001 (1) Where the depositary of a company ceases, for any... Regulated
  • Act on depositary's cessation statement within 14 daysTrader
s.sch002 The instrument of incorporation of an open-ended investment company must—... Regulated
  • Include required statements and provisions in your OEIC's instrument of incorporationTrader
s.sch002 (1) The instrument of incorporation must also contain provision as... Regulated
  • Include required details in your OEIC’s instrument of incorporationDirector or Officer
s.sch003 (1) Subject to sub-paragraph (2), every open-ended investment company must... Regulated
  • Keep a register of shareholdersTrader
s.sch003 (1) Every company must keep an index of the names... Regulated
  • Keep an index of shareholders and update it within 14 daysTrader
s.sch003 (1) Subject to regulation 50 and to FCA rules, the... Regulated
  • Allow shareholders to inspect the register and get a free copy of their entryTrader
s.sch003 In the case of companies registered in England and Wales... Regulated
  • Keep shareholder register complete and up to dateTrader
s.sch003 (1) The register of shareholders must contain an entry consisting... Regulated
  • Maintain register of shareholders with daily updatesTrader
s.sch003 The register of shareholders must contain a monthly statement of... Regulated
  • Include monthly statement of bearer shares in shareholder registerTrader
s.sch003 The register of shareholders of a company must be kept... Regulated
  • Keep your shareholder register available for inspection at head officeTrader
s.sch004 Where any shares are transferred to the company, the company... Regulated
  • Cancel shares transferred to the companyTrader
s.sch004 (1) Where a transfer of shares is made by the... Regulated
  • Require evidence for designated person's share transfers and adjust registerTrader
s.sch004 (1) Where a transfer of shares is made by means... Regulated
  • Verify authenticity of electronic share transfer instructionsTrader
s.sch004 (1) Except in the case of any transfer of shares... Regulated
  • Only register share transfers when proper transfer documents are deliveredTrader
s.sch004 (1) Subject to sub-paragraph (2), in the case of any... Regulated
  • Register share transfers promptly when valid conditions metTrader
s.sch004 (1) A company may, before the end of the period... Regulated
  • Give written notice if you refuse to register a share transferTrader
s.sch005 (1) The remuneration of auditors of a company who are... Regulated
  • Fix auditors' pay via shareholder vote or board decisionTrader
s.sch005 (1) A company may by resolution remove an auditor from... Regulated
  • Notify the FCA within 14 days of removing your auditorTrader
s.sch005 (1) A resolution at a general meeting of a company—... Regulated
  • Notify auditors and circulate representations on removal/appointment resolutionTrader
s.sch005 (1) An auditor of a company may resign his office... Regulated
  • Send auditor's resignation notice to the FCA within 14 daysTrader
s.sch005 (1) This paragraph applies where a notice of resignation of... Regulated
  • Convene meeting and circulate auditor's resignation statement to shareholdersTrader
s.sch005 (1) Where an auditor ceases for any reason to hold... Prosecution
  • Send auditor's resignation statement to shareholders or apply to court within 14 daysTrader

Unlimited fine

s.sch005 (1) No person is to act as auditor of a... Prosecution
  • Act as auditor when ineligible or fail to notify vacatingAny Person

Unlimited fine

s.sch005 (1) Every company must appoint an auditor or auditors in... Regulated
  • Appoint an auditor annually and for first appointmentTrader
s.sch005 (1) The auditors of a company have a right of... Prosecution
  • Give false or misleading information to company auditorsDirector or Officer

Unlimited fine

51 other schedules
s.sch001 On the coming into effect of an authorisation order in...
s.sch001 The depositary of a company may not retire voluntarily except...
s.sch001 The depositary of a company is entitled—
s.sch001 (1) This paragraph applies where copies of a statement have...
s.sch002 The statements referred to in paragraph 1(a) are—
s.sch002 (1) The instrument of incorporation must contain provision as to...
s.sch002 (1) Once an authorisation order has been made in respect...
s.sch002 (1) The provisions of a company’s instrument of incorporation are...
s.sch003 (1) Sub-paragraphs (2) and (4) apply where, in accordance with...
s.sch003 (1) ... The register of shareholders is prima facie evidence...
s.sch003 (1) This paragraph does not apply to any issue or...
s.sch003 (1) This paragraph applies where the aggregate number of shares...
s.sch004 The instrument of incorporation of a company may contain provison...
s.sch004 Where the holder of bearer shares proposes to transfer to...
s.sch004 Nothing in the preceding provisions of this Schedule prejudices any...
s.sch004 A transfer of registered shares that are held by a...
s.sch004 On the death of any one of the joint holders...
s.sch004 In the case of a company which is a participating...
s.sch004 (1) Subject to sub-paragraph (2), section 136 of the Law...
s.sch004 (1) Subject to sub-paragraph (3), section 1(2)(a)(ii) of the Requirements...
s.sch004 (1) Where, in respect of any transfer of shares, the...
s.sch004 A transfer of title to any bearer share in a...
s.sch005 No person is eligible for appointment as auditor of an...
s.sch005 (1) Subject to sub-paragraph (2), the power of the Secretary...
s.sch005 (1) An auditor who has been removed from office has,...
s.sch005 (1) An auditor who has resigned has, notwithstanding his removal,...
s.sch005 (1) If a person ceasing to hold office as auditor...
s.sch005 (1) A person is ineligible for appointment as auditor of...
s.sch005 Section 249(1) of the Act (disqualification of auditor for breach...
s.sch005 If, in any case, no auditors are appointed as required...
s.sch005 (1) The directors of a company, or the company in...
s.sch005 (1) Sub-paragraphs (2) to (5) apply to the appointment, as...
s.sch005 (1) The auditors of a company are entitled—
s.sch006 This Schedule applies to any reconstruction or amalgamation involving an...
s.sch006 An open-ended investment company may apply to the court under...
s.sch006 A public company may apply to the court under section...
s.sch006 (1) The schemes falling within this paragraph are—
s.sch006 An application made by virtue of paragraph 2 or 3...
s.sch006 (1) The provisions of the Companies Act 2006 referred to...
s.sch007 For paragraph 2A of Part III of Schedule 1 to...
s.sch007 In section 38(6) (permitted forms for appropriate schemes), for paragraph...
s.sch007 In paragraph 8(2) of the Schedule to the Limited Liability...
s.sch007 (1) The Uncertificated Securities Regulations 1995 are amended as follows....
s.sch007 For section 1(4)(f) of the Stock Transfer Act 1963 (registered...
s.sch007 (1) Section 26 of the Companies Act 1985 (“the 1985...
s.sch007 (1) Section 199(2A) of the 1985 Act (interests to be...
s.sch007 In section 209(1)(h) of the 1985 Act (interests to be...
s.sch007 In section 220(1) of the 1985 Act (definitions for Part...
s.sch007 In section 716(2) of the 1985 Act (exemptions from prohibition...
s.sch007 In section 718(2) of the 1985 Act (exemptions from application...
s.sch007 In Schedule 1 to the Company Directors Disqualification Act 1986...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.