CFCL General information – Estonia
Reference
CFCL eligible fund types
Register market
Under Estonian law, a fund can be established pursuant to the Estonian Investment Fund Act as a contractual fund, public limited company, limited partnership or a defined-benefit occupational pension fund.
The main classification of Estonian investment funds eligible in CFCL are as followed:
- Contractual fund: Pool of assets established from the money collected through the issue of units or other assets and assets acquired through investment of money and which is jointly owned by unitholders. A fund manager conducts transactions with the assets of a contractual fund in its own name and for the common account of all the unitholders;
- Public limited Fund: Fund founded as a public limited company pursuant to the Investment Funds Act and the provisions of the Commercial Code apply to the foundation, operation, and dissolution thereof;
- Limited Partnership Fund: Fund founded as a limited partnership pursuant to the Invest Funds Act and the provision of the Commercial Code apply to the foundation, operation, and dissolution thereof. A limited partnership fund may manage its own assets or enter into a management contract with a fund manager.
These funds can be further classified:
- UCITS: Funds that comply with the requirements provided for in Directive 2009/65/EC of the European Parliament and of the Council. Shares or Units of UCTIS Funds may be publicly offered in all EEA Member States and shall be redeemed at the request of unitholders or shareholders;
- Alternative Investment Fund (AIF): Any fund which is not a UCITS, pension fund or defined-benefit occupational pension fund. The subcategories of alternative investment funds are:
- Small Alternative Fund;
- European Venture Capital Fund;
- European Social Entrepreneurship Fund;
- Closed-Ended Fund;
- European Long-Term Investment Fund.
- Feeder fund: Fund which assets are invested to the extent of at least 85% in the units or shares of a master fund or placed in the master fund in any other manner.
- Master fund: Fund that has at least one feeder fund among its unitholders or shareholders, not a feeder fund itself and does not hold any units or shares of a feeder fund.
- Foreign fund: Fund which has been established or founded pursuant to foreign law.
CSD link
Eligible funds
Investment funds that are eligible in Estonia CSD, (Nasdaq CSD SE) or T2S can be made eligible in CFCL.
Please refer to the Market Link Guide – Estonia for more information.
Exchange Traded Funds (ETFs)
Exchange-Traded Funds (ETFs) are permitted and can be traded within the Estonian market.
Custody chain and depository
Estonia is a T2S Market.
The OneClearstream service level provides clients with a single point of access to all T2S markets with comprehensive instruments coverage. This is complemented by full harmonization of asset services and connectivity channels between CFCL, CBL, and CEU. This service is available to all our clients via a single interface and log-on.
The service description is valid for CFCL clients, unless otherwise highlighted in the documentation.
CFCL utilises the T2S infrastructure platform to access Estonia’ CSD (Nasdaq CSD SE) through the intermediaries of CBL and CEU. Indeed, CFCL uses CBL as a global custodian across all markets.
Type of link | Direct linka to Clearstream Europe AG for holding Nasdaq CSD/T2S eligible securities. |
a. Interoperable link for T2S-related aspects.
CSD (as CEU’s and CBL’s depository) | Custodian (as CBL’s depository) | CBL (as CFCL’s depository) | |
Name | Nasdaq CSD SE (Estonian Branch) | Clearstream Europe AG | Clearstream Banking S.A. |
FATCA GIIN | Not available | N1V1GJ.00002.ME.276 | N1V1GJ.00000.LE.442 |
LEI | 485100001PLJJ09NZT59 | 5493004PP58SUE3G8M27 | 549300OL514RA0SXJJ44 |
Country of incorporation | Nasdaq CSD SE is incorporated in Latvia and operates the Estonian Settlement System through Estonian branch, which is governed by the Estonian law. | Germany | Luxembourg |
Account type | Omnibus | Omnibus | Segregated |
Legal Account name/holder | Clearstream Banking S.A. | Clearstream Fund Centre S.A. | Clearstream Fund Centre S.A. |
Depository
Depository | CSD/Local custodian/Agent |
CBL | All T2S eligible assets |
Operational arrangements
This section describes the operational arrangements of the Estonian market, which is both a domestic and a register market.
Domestic market | Register market | Remarks | |
For CFCL clients | |||
Settlement in T2S | Yes | N/A | |
Settlement free of payment | Yes | Yes | |
Settlement against payment | Yes (EUR only) | Yes | Eligible settlement currencies (between CEU, CBL and CFCL counterparties only): AUD, CAD, CHFb, CNY, CZK, DKK, EUR, GBP, HKD, HUF, JPY, MXN, NOK, NZD, PLN, SEK, SGD, TRY, USD and ZAR. |
Settlement against payment in central bank money | Yes. Against payment takes place on the DCA of CBL | N/A | CeBM in EUR only. |
Short selling of entitlement | No | N/A | Short selling of income or corporate actions proceeds is not authorised for settlement in CFCL. Please refer to CFCL Client Handbook. |
Settlement penalty fees | Yes | N/A | If settlement date (SD) is delayed, a service fee is applied at Nasdaq Baltic exchange. The service fee for the postponement of the SD due to the default of the transaction consists of a fixed proceeding fee (EUR 70) and an added percentage (0.1%) of the transaction value for each trading (business) day with a maximum up to EUR 500. The proceeding fee is a one-off fee, but the added percentage is applicable for each trading day by which the actual SD of the transaction differs from the initial SD (= Value Date) of the transaction. Any related service fees applied on any client late transactions will be debited to the impacted client as out of pocket fees. |
Partial settlement | Yes | N/A | |
Recycling | Yes | N/A | |
Settlement with Euroclear | Yes | N/A | |
Hold and Release | Yes | N/A | |
Allegements | Yes | N/A | |
Transaction Linking | Yes | N/A | |
Bilateral Cancellation | Yes | N/A | |
Registered securities | Yes | N/A | |
Transaction Management | Yes | N/A | |
Proxy voting | Yes | N/A | |
Liquidity Hub Connect | No | N/A | |
Sale and purchase of rights | Yes | N/A | |
Repo services | No | N/A | |
Market restrictions | Yes | N/A | |
FTT | No | N/A | |
Daily reconciliation | Yes | N/A | |
Link eligible for use in Eurosystem credit operations | Yes | N/A | |
Moment of entry of instructions | Validation performed on the T2S platform, according to the T2S rules. | ||
Irrevocability of instructions | Transfer orders become irrevocable upon matching. | ||
Finality of instructions | Settlement in T2S is simultaneous, final, and irrevocable. | ||
b. Settlement in CHF is possible only for non-Swiss securities and not against SIX SIS as counterparty in CEU.
Legal arrangements
The below section is valid on the date of the legal opinions that were issued and might be subject to change.
The information is provided for guidance only and should not be considered in isolation or as constituting a complete or definitive legal advice on any specific matter.
As CBL is our sub-custodian, please refer to the Market Link Guide – Estonia, Latvia and Lithuania (Nasdaq CSD) for the complete information about Legal arrangements.
Cash correspondent details
Currency: | Euro (EUR) via T2 RTGS | Euro (EUR) via CCB |
CCB name: | Banque Centrale du Luxembourg | Deutsche Bank AG, Frankfurt |
CBL account: | DE44 5007 0010 0938 2250 00 | |
Swift address: | TRGTXEPMRTG | DEUTDEFFXXX |