The rules of the investment fund are included in the CMA, whereas the rules for
investment fund managers are included in the CMA and the Act on Investment Firms
and Commodity Exchange Service Providers. The opportunities derived from the uniform
European passport are relevant for investment fund managers, thus, in the case
of the EEA member states, one licence issued by the Supervisory Authority in the
jurisdiction where the enterprise has its registered office is sufficient for
performing the activity within the territory of all the member states.
The CMA differentiates public and private, as well as open-end and closed-end
funds. In the case of public investment funds, it is possible to establish special
funds (investment funds investing in investment funds, investment funds investing
in derivative transactions, index-linked investment funds and European investment
funds). In addition to managing investment funds, fund managers may perform those
portfolio management, investment consulting and securities lending servcies listed
under investment services, and are also licensed to accept and forward orders
in respect of the investment notes of the investment fund they manage.
The obligation of the open-end funds investing in securities to invest a portion
of the portfolio into government securities and other liquid assets has been removed,
i.e. unlike former regulations, the CMA does not require a mandatory minimum level
for the proportion of liquid assets. In order to ensure the continuous liquidity
of the fund, however, the fund manager must define the minimum proportion of the
liquid assets in respect of the given fund, which has to be recorded in the management
regulation. The CMA will expand its fund management scope of activity by the
depository safekeeping and custodian services. In the case of these activities,
along with portfolio management, fund asset management and investment consulting
services, in order to ensure homogenious regulation, fund managers must apply
a defined range of the rules for investment service providers.