Government Notice No. 141 of 2015

Collective Investment Schemes Control Act No. 45 of 2002 » Declaration of hedge fund business as a Collective...

Title	Collective Investment Schemes Control Act No. 45 of 2002 » Declaration of hedge fund business as a Collective Investment Scheme
Department	National Treasury
Gazette	National Gazettes, No. 38503 of 25 February, 2015, 6 page(s), 384Kb
Act	Act No. 45 of 2002

STAATSKOERANT, 25 FEBRUARIE 2015                       No. 38503  3

GOVERNMENT NOTICE

NATIONAL TREASURY
          No. 141                                                                          25 February 2015

COLLECTIVE INVESTMENT SCHEMES CONTROL ACT, NO 45 OF 2002

DECLARATION OF HEDGE FUND BUSINESS AS A COLLECTIVE INVESTMENT
                                                        SCHEME

1.   Declaration
                          I, Nhlanhla Musa Nene, Minister of Finance, hereby in terms of section 63(1) of the
                          Collective Investment Schemes Control Act, 2002 (Act 45 of 2002 ("the Act")), declare
                          the business of a hedge fund to be a collective investment scheme to which the
                          prescribed provisions of the Act apply.

2.   Defined business activity
                          For purposes of this declaration, a "hedge fund" means an arrangement in pursuance
                          of which members of the public are invited or permitted to invest money or other
                          assets and which uses any strategy or takes any position which could result in the

arrangement incurring losses greater than its aggregate market value at any point in
                          time, and which strategies or positions include but are not limited to -
                          (a)  leverage; or
                          (h)  net short positions.

3.   Applicable provisions
                          (1)  The Act as a whole, applies to a declared collective investment scheme under
                          this Notice. except sections 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,
                          44(2), 44(3), 47, 48, 49, 50, 51, 52, 53, 54. 55, 56, 57, 58, 59, 60, 61, 76, 77, 78, 79,
                          80, 81, 82, 83, 84, 96, 97(1) and 97(2).
                          (2)  Sections 68, 69, 70, 71 and 72 apply to the extent determined by the registrar.

Related / Collective Investment Schemes Control Act No. 45 of 2002

Dated	Title	Pages	Days
2015/07/03	Board Notices
●	Collective Investment Schemes Control Act No. 45 of 2002 » Suspension of certain provision of the MET Collective Investments Scheme Deed, Board Notice No. 130	4	<999
2015/04/24	Collective Investment Schemes Control Act No. 45 of 2002 » Financial Services Board » Exemption of a manager of a collective investmenmt scheme in securities from certain provisions of the Act, Board Notice No. 89	4
2015/04/17	Collective Investment Schemes Control Act No. 45 of 2002 » Financial Services Board » Capital requirements with which a manager of a collective investment scheme in hedge funds must comply, Board Notice No. 84	4
2015/04/01	Collective Investment Schemes Control Act No. 45 of 2002 » Fees payable in terms of the Collective Investment Schemes Control Act, Board Notice No. 71	6
●	Collective Investment Schemes Control Act No. 45 of 2002 » Financial Services Board » Exemption of foreign collective investment schemes from complying with certain provisions of Board Notice no 92 of 2014, Board Notice No. 74	2
2015/03/06	Collective Investment Schemes Control Act No. 45 of 2002 » Financial Services Board » Determination on the Requirements for Hedge Funds, Board Notice No. 52	32
●	Collective Investment Schemes Control Act No. 45 of 2002 » Financial Services Board » Determination of conditions and the manner in which participatory interests in collective investment schemes in securities, property and participation bonds may be issued to an investor as a tax free investment, Board Notice No. 53	3
●	Collective Investment Schemes Control Act No. 45 of 2002 » Financial Services Board » Determination of the effective date of a notice, Board Notice No. 54	3
2015/02/13	Collective Investment Schemes Control Act No. 45 of 2002 » Exemption of a manager of a collective investment scheme in Securities from certain provisions of the Collective Investment Schemes Control Act, 2002, Board Notice No. 41	9
2014/08/08	Collective Investment Schemes Control Act No. 45 of 2002 » Determination of securities, classes of securities, assets or classes of assets that may be included in a portfolio of a collective investment scheme in securities and the manner in which and the limits and conditions subject to which securities or assets may be so included, Board Notice No. 90	49

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Government Notice No. 141 of 2015

Related / Collective Investment Schemes Control Act No. 45 of 2002

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