The Swedish Fund Selection Agency publishes clarifications in response to comments received on the draft fund agreement

The Swedish Fund Selection Agency (the Agency) has reviewed all the comments received on the draft fund agreement with appendices published on the Agency 's website on May 8th 2023. The comments are valuable for the Agency 's design of the procurement material that will be used in the procurement of funds to the premium pension fund platform. In response to the comments received, the Agency publishes such clarifications that can be shared before the first procurement is announced. All comments and questions received have, however, been taken into account.

Interpretation of the Fund Agreement

The fund agreement will be customized for each procurement and will be identical for all fund managers in each procured category. The terms and conditions of the fund agreement will therefore not be negotiable on an individual basis.

In accordance with customary contractual relations, the Agency cannot assess in advance exactly how the terms and conditions in all parts may be interpreted in each individual case. The Agency will therefore not respond to detailed questions received regarding the interpretation of the fund agreement.

Obligation to provide information

The Fund Agreement contains requirements for fund managers to provide information to the Agency. The scope of the obligation and what type of information the obligations aim at , has now been clarified in the fund agreement to the extent possible. The purpose of the obligation to provide information is to assure the funds' controllability and suitability for the premium pension system, i.e. that the funds have the capacity to participate in the continuous monitoring that takes place during the term of the agreement.

Since the legislation may vary between jurisdictions, including legislation on information-sharing and confidentiality, the Agency will take limitations of mandatory law into account, as is detailed in the terms and conditions of the fund agreement.

Clarification on AML

For the procurement of funds for the premium pension fund platform, the Swedish Fund Selection Agency is the contracting party but the Swedish Pensions Agency is the unit holder. The Swedish Pensions Agency handles all transactions for the funds on the fund platform.

All comments and questions received have been taken into account. The Swedish Fund Selection Agency does not answer questions to individual parties . The information is made available to the industry on the Agency’s website.

Questions and answers during an ongoing procurement will be handled via the procurement platform e-avrop.com.