Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”

RWE

Access all documents on Passive management

Passive management meaning

What does Passive management mean?
In investment mandates, passive management describes an index‑tracking strategy in which a manager aims to replicate the performance of a stated benchmark rather than outperform it. It is a descriptive industry term, not a statutory definition, but is widely used in asset management, pensions and funds documentation across England & Wales, Scotland, Northern Ireland and Ireland. Passive management is commonly delivered via UCITS or AIF index funds or ETFs, or through segregated accounts under an investment management agreement. Key legal features include: identification and licensing of the benchmark index; a mandate to track that index within an agreed tracking error or tolerance; fee and rebalancing provisions; use of derivatives and sampling; treatment of corporate actions, cash and securities lending; and disclosure of tracking difference. Regulatory considerations include MiFID II/consumer duty suitability and disclosure (UK FCA; Central Bank of Ireland), UCITS/AIFMD product rules, the UK/EU Benchmarks Regulation, and stewardship and voting expectations (e.g., UK Stewardship Code, SRD II). Pension scheme trustees typically record any passive strategy in the statement of investment principles or investment policy, considering fiduciary duties, costs and responsible investment. Usage and legal treatment are broadly consistent across the UK and Ireland. The practical focus is mandate precision, ongoing monitoring and...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Passive management

NEWS
Construction law briefing: Grenfell Phase 2 responses, Scottish Building Safety Levy, Welsh electric vehicle charging regulations consultation, CITB levy consensus dates, and CLC output update - 12 September 2024

In this issue: Building safety Building regulations Construction industry news Daily and weekly news alerts Construction trackers Building safety Built environment industry responses to Grenfell Tower Inquiry Phase 2 Report After the Grenfell Tower Inquiry Phase 2 Report was issued on 4 September 2024, a number of built environment bodies shared their reactions. Statements were also made by the Prime Minister, Sir Keir Starmer, and Fiona MacGregor, Chief Executive of the Regulator of Social Housing. See: LNB News 05/09/2024 52. Scottish Government establishes MWG after Grenfell Inquiry Phase 2 Report Following publication of the Phase 2 report on 4 September 2024, the Scottish Government has set up an MWG. The report concentrated on the physical state of Grenfell Tower, with evidence taken across several modules, including the main refurbishment (overview and cladding), cladding products, internal active and passive fire safety measures, and building management...

Read More Right Arrow
NEWS
Ireland and EU Funds Regulation Update—April 2025: CBI ETF Transparency, Fitness and Probity, MMF Stress Tests; ESMA LMTs, ESG Names, SIU Consultation, MiCA Crypto, Leverage and AI

Domestic CBI updates its position in relation to portfolio transparency for UCITS ETFs The Central Bank of Ireland (CBI) has updated its UCITS Q&A to outline its revised stance on portfolio transparency for UCITS ETFs. This positive development extends to all UCITS ETFs, as well as UCITS offering ETF share classes, regardless of whether they follow a passive track or adopt an active approach... CBI consultation on Fitness and Probity Regime The CBI has launched the CP160 Consultation Paper on proposed amendments to its Fitness & Probity (F&P) Regime. This consultation stems from recommendations by Andrea Enria, the former Chair of the European Central Bank Supervisory Board, who carried out an independent review of the F&P regime...

Read More Right Arrow

View the related Practice Notes about Passive management

PRACTICE NOTES
Assertiveness for Lawyers: Recognise Triggers, Use Transactional Analysis, Quick Fixes, and Lessons from Success and Failure

Communicating your viewpoint with calm assurance is vital for any legal professional, yet many of us at times feel far from assertive. This Practice Note sets out what may trigger fluctuations in your assertiveness and what you can do to support yourself. What is assertiveness? People often speak about assertiveness without clearly stating what they mean. Collins defines it as ‘the quality of being able to express one’s opinions or desires in a clear and direct manner’. Assertiveness involves trusting yourself and standing up for your own rights while still respecting the rights of others. It is founded on the belief that other people’s needs and rights are just as important as our own. Assertive individuals can express themselves confidently, explain their position and what outcome they want, without slipping into passive, aggressive or manipulative behaviour. Those with strong assertiveness skills show genuine interest in and care for others. They have high self‑esteem and faith in themselves, which they project without overwhelming anyone. Such people communicate their...

Read More Right Arrow
PRACTICE NOTES
BVI VISTA Trusts: Corporate Governance Separation, Trustee Powers and Restrictions, Intervention Calls, Designated Shares, and Administration

The framework governing trusts in the British Virgin Islands (BVI) is set out in the Trustee Act (as amended) (Cap 303, Laws of the BVI) together with the Virgin Islands Special Trusts Act 2003, as amended (the VISTA Law). Trusts formed under the VISTA Law (VISTA Trusts) commonly hold shares, whether directly or through holding structures, in operating companies rather than purely passive investment vehicles, often trading in fields unfamiliar to the trustee and regularly located at a distance from the BVI. Addressing such demanding circumstances was the very reason the VISTA Law was designed and enacted, which in turn makes VISTA Trusts a highly effective tool within international wealth structuring. This Practice Note considers selected aspects of the management and administration of VISTA Trusts. Separation of trust and corporate governance The VISTA Law acknowledges that trustees are seldom natural entrepreneurs...

Read More Right Arrow
PRACTICE NOTES
Mobile infrastructure sharing in the UK: passive and active models, Electronic Communications Code and Ofcom framework, CMA competition and merger control, and key contractual risk management

This Practice Note surveys how mobile network operators (MNOs) share networks and physical assets. By outlining the principal forms of infrastructure sharing, the commercial rationale, operating models, competition considerations, and likely developments, it offers a concise guide to managing legal and regulatory exposure in the UK... Although negotiating network and facilities sharing is complex, doing so can deliver meaningful gains for MNOs. Co-ordinated sharing continues to unlock notable cost efficiencies, whether through alliances with direct competitors or partnerships with independent tower operators and facilities providers. Even so, as this Note underlines, it is essential to address and control the inherent legal and regulatory risks when drafting, negotiating, and finalising such arrangements... Brexit This Practice Note concentrates on the UK market and evaluates the applicable UK competition law. The emphasis is on block exemptions that may apply to the sharing structures discussed. These exemptions set the conditions under which particular categories of agreement are exempt from the prohibition on restrictive agreements...

Read More Right Arrow