09 March 2011

IOSCO launches consultation on suspension of CIS redemptions

The Technical Committee of the International Organisation of Securities Commissions (IOSCO) has published a consultation report, 'Principles on Suspensions of Redemptions in Collective Investment Schemes'.

Proposed Principles for Suspension of CIS Redemptions

The principles generally cover all types of open-ended CIS which offer a continuous redemption right, and apply irrespective of whether they are offered to institutional or retail investors. They are addressed to those entities responsible for the overall operation of the CIS and in particular its compliance with the legal/regulatory framework in the respective jurisdiction, and thus for the implementation of the principles. The delegation of activities may not be used to circumvent the principles, and there should be compliance with the principles, whether activities are performed directly or through a third party.

Management of liquidity risk

1. The responsible entity should ensure that the degree of liquidity of the open-ended CIS it manages allows it in general to meet redemption obligations and other liabilities.

2. Before and during any investment, the responsible entity should consider the liquidity of the types of instruments and assets and its consistency with the overall liquidity profile of the open-ended CIS. For this purpose, the responsible entity should establish, implement and maintain an appropriate liquidity management policy and process.

Criteria/Reasons for the suspension

3. Suspension of redemptions by the responsible entity may be justified only in exceptional circumstances, provided such suspension is in the best interest of all unit holders within the CIS or if the suspension is required by law.

Decision to suspend

4. The responsible entity should have the operational capability to suspend redemptions in an orderly and efficient manner.

5. The decision by the responsible entity to suspend redemptions, in particular the reasons for the suspension and the planned actions, should be appropriately:

a) documented;
b) communicated to competent authorities and other relevant parties;
c) communicated to unit holders.

During the suspension

6. During the suspension of the redemptions, the responsible entity should generally not accept new subscriptions. Subscriptions cannot be accepted if a reliable, meaningful and robust valuation of the assets is not possible.

7. The suspension should be regularly reviewed by the responsible entity. The responsible entity should take all necessary steps in order to resume normal operations as soon as possible having regard to the best interest of unit holders.

8. The responsible entity should keep the competent authority and unit holders informed throughout the period of suspension. The decision to resume normal operations should also be communicated immediately.

The consultation period is open for comments until 30 May 2011.

Press release

Report 

© IOSCO