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In addition, the funds may obtain assets over the counter. In this

case, the said asset shall have a valuation grade equivalent to the invest-

ment level, and shall be transacted at a fair value, and shall be con-

verted to cash at a fair market price.

The open position amount caused by derivatives cannot exceed the

total fund value. In the calculation of the fund’s open position, the

reverse positions taken in the transactions of the warrants, certificates

and derivatives that are relevant to the same asset shall be clarified.

Funds shall not be involved in short sales or credit security trans-

actions.

Conclusion

With the new law of mutual funds, the operation and adaptation

units need to work on funds’ by-laws and structural amendments close-

ly and comprehensively. It is crucial to apply the amendments set forth

in this article as soon as possible by the founders, for the development

and settlement of the system brought by the Communiqué. Currently,

as only 18 PMC has submitted their adaptation applications

5

, beyond

a shadow of a doubt, to restructure the mutual funds, a busy agenda

awaits the CMB Institutional Investors Chamber, till the last day of the

adaptation period that is 01.07.2015. With our following article, to pre-

sent the new system of the Communiqué, we will touch on the opera-

tional proceedings that are to be adhered to by the mutual funds during

their daily proceedings.

166

NEWSLETTER 2014

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Turkish Institutional Investment Managers’ Association Review October-December 2014.