UCITS passporting in Liechtenstein

1. EEA UCITS Scheme

An EEA UCITS Scheme may be marketed in Liechtenstein provided that a notification letter made in the prescribed form is submitted to its HMSA. This notification must include information on the marketing arrangements made by the EEA UCITS Scheme of its units in Liechtenstein, including, where relevant, in respect of share classes and an indication who will be marketing the EEA UCITS Scheme. The HMSA will forward the documentation to the Liechtenstein Financial Market Authority (the “FMA”) for review.

Together with the notification letter, the EEA UCITS Scheme shall also provide a copy of the latest constitutional documents, prospectus, KIIDs, and where applicable, the annual report and a semi-annual report covering the first six months of the financial year. An attestation drawn up by the HMSA that the EEA UCITS Scheme fulfils the conditions of the UCITS Directive should also be provided to the FMA.

In terms of Art. 96 of the Liechtenstein UCITSG an EEA UCITS Scheme which intends to market its units in Liechtenstein shall ensure that facilities are available in Liechtenstein for making payments to unit holders, repurchasing or redeeming units, and making available the information which EEA UCITS Schemes are obliged to provide.

The EEA UCITS Scheme must ensure that the above-mentioned facilities are provided in German or in a language approved by the FMA. The appointment of the said third party must be evidenced by a written contract which specifies which of the tasks are not to be performed by the EEA UCITS Scheme and that the third party will receive all the relevant information and documents from the EEA UCITS Scheme. 

The EEA UCITS Scheme has to nominate a credit institution for the tasks of making payments to unit holders, repurchasing or redeeming units (Art. 107 para 2 UCITSV).

2. Fees

The notification fee for EEA UCITS Schemes intending to market its units in Liechtenstein is currently CHF 500 per (sub-)fund. The FMA charges an annual supervisory fee of CHF 1,250 per (sub-) fund.