2007-01-01
The Minister of Investment issued Decision No. 294 of 2007 to formally introduce Index Funds into the Executive Regulations of Egypt's Capital Market Law. The regulation mandates that establishing companies submit detailed applications to the General Authority for the Capital Market, including target index approval, market maker contracts, and subscription prospectuses meeting specific capital and valuation requirements. It further imposes strict operational obligations on investment managers and market makers, including continuous portfolio rebalancing, net asset value calculations, real-time disclosure, and strict creation/redemption procedures tied to stock exchange listing rules.
The Minister of Investment;
Having reviewed the Capital Market Law issued by Law No. 95 of 1992, and its amendments,
and the Presidential Decision No. 231 of 2004 regarding the organization of the Ministry of Investment,
and the Decision of the Minister of Economy and Foreign Trade No. 135 of 1993 issuing the Executive Regulations of the Capital Market Law and its amendments,
and based on what was presented by the Chairman of the General Authority for the Capital Market.
(Article One)
A new section titled "Section Six – Index Funds" shall be added to Chapter Two of Part Three of the Executive Regulations of the Capital Market Law issued by the Decision of the Minister of Economy and Foreign Trade No. 135 of 1993, commencing with Article (183) bis and ending with Article (183) bis (6).
(Article Two)
This Decision shall be published in the Egyptian Gazette, and shall take effect from the day following its publication date.
Minister of Investment
Dr. Mahmoud Mohieldin
Dated: 20/6/2007
Marwa
For the purposes of applying the provisions of this Section, "Index Funds" refers to investment funds that issue documents against a portfolio in which the majority of the constituent securities follow one of the price indices on the stock exchanges.
Joint stock companies established in accordance with the provisions of the Capital Market Law issued by Law No. 95 of 1992, wishing to establish an index fund, shall submit an application to the Authority, which shall include and be accompanied by the data and documents stipulated in Article 144 of these Regulations, in addition to the following:
The Authority shall issue its approval of the application within one week of receiving the complete documents.
Subject to the maximum limit of funds invested in the Fund as stipulated in Article (150) of these Regulations, the entire or part of the Fund's capital may be funded by the company that has obtained the Authority's approval to establish the Fund, either independently, in partnership with others, or through a public subscription.
The subscription prospectus for the documents issued by the Fund must include, in addition to the data stipulated in Article (154) of these Regulations, the following data:
The company establishing the index fund shall contract with at least two market makers, whose role shall be to trade the issued investment documents, provided that the contract includes the rights and obligations of both parties, and specifically the provisions for the issuance and redemption of documents, and it shall be noted that the market maker shall:
Index funds shall be listed on the stock exchange table upon the company's request, in accordance with the rules for listing and delisting securities.
The investment manager shall be committed to the following:
Continuation of Minister of Investment Decision
No. (294) for the year 2007