First Luxembourg UCITS authorised by CSSF to invest 100% in China A shares under RQFII quota

Elvinger, Hoss & Prussen advised a major global fund manager in obtaining the first approval from the CSSF (“ Luxembourg Commission for the Supervision of the Financial Sector”) for a UCITS investing up to 100% of its net assets directly in the People’s Republic of China (“PRC”) equity markets through the use of a RQFII quota. The CSSF approval has been granted under a number of conditions and subject to full compliance with the requirements of the UCITS directive. The allocation of the quota is still subject to PRC regulatory approval.
The CSSF had previously authorised Luxembourg UCITS to invest directly in the PRC equity markets through the use of a QFII quota. However, due to restrictions on repatriation of funds out of the PRC under the QFII Regime (e.g. lock-up period, monthly repatriation cap), these investments were limited to 35% of the net assets of such UCITS. These rules applicable to investments using a QFII quota remain currently unchanged.

For any information in relation to the above, please contact:

• at our Luxembourg Office : Jacques Elvinger or Gast Juncker;
• at our Hong Kong Office : Katia Panichi or Emmanuel Gutton.