Regulatory Alerts2018-03-26
Clarification on Investment by Collective Investment Schemes in Securities into Hedge Fund Collective Investment Schemes
The South African Financial Services Board clarifies that collective investment schemes in securities are prohibited from investing in hedge fund collective investment schemes. Although hedge funds were formally declared as regulated collective investment schemes in April 2015, their participatory interests remain excluded from the allowable securities definition under Board Notice 90 of 2014. Consequently, scheme managers and trustees must ensure that securities-based portfolios do not allocate capital to either retail or qualified investor hedge funds.
# FINANCIAL SERVICES BOARD
Riverwalk Office Park Block B 41 Matroosberg Road Ashlea Gardens Extension 6
Pretoria South Africa 0081 PO Box 35655 Menlo Park Pretoria South Africa 0102
Tel +27 12 428 8000 Fax +27 12 346 6941 E-mail info@fsb.co.za
Toll free 0800 110443/0800 202087 website:www.fsb.co.za
| ENQUIRIES: | Tholoana Makhuhu | D. DIALLING NO.: | +27 12 367 7225 |
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| OUR REF: | Circulars | FAX: | +27 12 346 6533 |
| DATE: | 09 December 2015 | E-MAIL: | tholoane.makhuhu@fsb.co.za |
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## INFORMATION CIRCULAR NO. 25
### TO MANAGERS AND TRUSTEES OF COLLECTIVE INVESTMENT SCHEMES
#### CLARIFICATION: INVESTMENT BY A COLLECTIVE INVESTMENT SCHEME IN SECURITIES INTO A COLLECTIVE INVESTMENT SCHEME IN HEDGE FUNDS
1. In February 2015, the Minister of Finance, by virtue of the authority given by section 63 of the Collective Investment Schemes Control Act, Act No 45 of 2002, (“the Act”) declared that with effect from 1 April 2015, the business of a hedge fund would be a declared collective investment scheme. Consequently hedge funds now fall to be regulated by the Registrar of Collective Investment Schemes (“the Registrar”).
2. It has come to the Registrar’s attention that there is misunderstanding regarding the ability of a collective investment scheme in securities to invest in a collective investment scheme in hedge funds.
3. In terms of sections 40, 46 and 85 of the Act it is the Registrar’s discretion to determine what to allow in a portfolio of a collective investment scheme in securities. Consequently Board Notice 90 of 2014 (“BN 90”) stipulates the types of securities, classes of securities and assets which may be included in a portfolio of a CIS in securities. BN 90 further defines the types of securities that may be included in a portfolio of a collective investment scheme in securities. Despite being declared as a CIS, a participatory interest in a portfolio of a hedge fund collective investment scheme is currently not included in the definition of securities under BN 90 for inclusion in a collective investment scheme in securities.
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Board Members: AM Sithole (Chairperson) H Wilton (Deputy Chairperson) Z Bassa JV Mogadime
Prof PJ Sutherland FE Groepe D Turpin HMH Ratshefola D Msomi I Momoniat O Makhubela (Alternate)
Executive Officer: DP Tshidi
SABS
ISO 9001
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4. In view of what is provided under BN 90, managers are thus advised that a portfolio of a CIS in securities may not invest in a hedge fund collective investment scheme, be it a retail or qualified investor hedge fund.
J A BOYD
REGISTRAR OF COLLECTIVE INVESTMENT SCHEMES
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