2020-12-29

General Notice 469 of 2020 Declaration of Classes of Securities

The Minister of Finance and Economic Development has declared seven specific investment instruments as securities, units, or shares under the Securities and Exchange Act. This notice formally classifies Real Estate Investment Trust Schemes, Exchange Traded Funds, Commodity Funds, Property Funds, Private Equity Funds, Venture Capital Funds, and Warehouse Receipts as qualifying financial instruments. The designation subjects these collective investment schemes and commodity-backed receipts to the existing regulatory framework for securities trading and oversight.

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General Notice 469 of 2020.

SECURITIES AND EXCHANGE ACT [CHAPTER 24:25]

Declaration of Classes of Securities

IT is hereby notified that, the Minister of Finance and Economic Development has, in terms of section 2(2) of the Securities and Exchange Act [CHAPTER 24:25], declared the classes of securities in the following instruments as securities, units or shares for the purposes of the Act—

Real Estate Investment Trust Scheme meaning a collective investment scheme that owns or invest in real estate;

Exchange Traded Fund meaning an open-minded collective investment scheme that seeks to replicate the performance of a target and is operated and instructed in a similar way;

Commodity Fund meaning a collective investment scheme constituted for the purpose of investing in or holding commodities;

Property Fund meaning a collective investment scheme constituted for the purpose of the sole purpose of holding or investing in real estate;

Private Equity Fund meaning a collective investment scheme constituted for the purpose of investing in or holding shares that are not listed on a securities exchange;

Venture Capital Fund meaning a collective investment scheme that invests in start-up or existing business; and

Warehouse Receipts meaning an instrument backed by an underlying tradeable physical commodity issued by a certified Warehouse Operator.

HON. PROF. M. NCUBE, 28-2-2020. Minister of Finance and Economic Development.