2018-03-26
The Financial Services Board mandates specific capital maintenance requirements for managers of collective investment schemes in property under the Collective Investment Schemes Control Act, 2002. Managers must calculate eligible capital minus adjustments for impaired and non-liquid assets to determine adjusted liquid capital, which must cover a basic capital floor of at least R600,000 or thirteen weeks of fixed costs, plus portfolio-specific seed and position risk capital. The regulation provides detailed methodologies for computing fixed costs, requires monthly capital position submissions within fourteen business days, and repeals Notice 575 of 2003 effective 1 August 2003.
NOTICE 2074 OF 2003 FINANCIAL SERVICES BOARD COLLECTIVE INVESTMENT SCHEMES CONTROL ACT, 2002 CAPITAL REQUIREMENTS WITH WHICH A MANAGER OF A COLLECTIVE INVESTMENT SCHEME IN PROPERTY MUST COMPLY Under section 88(1) of the Collective Investment Schemes Control Act, 2002 (Act No. 45 of 2002), I, Jeffrey van Rooyen, Registrar of Collective Investment Schemes, hereby determine in the Schedule the capital to be maintained by a manager of a collective investment scheme in property for the matters and risks set out in the Schedule. REGISTRAR OF COLLECTIVE INVESTMENT SCHEMES SCHEDULE
2 (g) guarantees (only from a third party and only if exercisable on demand by the manager). (h) Total (2) Less adjustments for impaired capital consisting of – (a) intangible assets; (b) guarantees provided by the manager; (c) contingent liabilities. (d) Total (3) Available capital resources [1(1)(h) minus 1(2)(d)] (4) Less adjustments for non-liquid assets consisting of – (a) fixed assets, net of related secured loans; (b) investment in other businesses; (c) debtors and other current assets which are not convertible into cash within 14 business days. (d) Total (5) Adjusted liquid capital [1(3) minus 1(4)(d)] (6) Less required capital to be maintained consisting of – (a) a basic capital which must be the greater of an amount of R600 000 or a sum equivalent of 13 weeks’ of fixed cost for the whole of the collective investment scheme business of a manager or such other amount as the registrar may determine in a particular case as provided for under 2(3); plus (b) seed capital of R1 million to be invested by the manager in each portfolio administered by the manager: Provided that - (i) the prescribed amount may be reduced by 10 per cent for every R1 000 000 invested by investors in a portfolio which investors may not be connected to but must be independent
3 from the manager; and (ii) if the sum of R1 000 000 has been reduced to nil in terms of subparagraph (i) and disinvestment from a portfolio causes the investment in the portfolio to reduce to less than R10 000 000, a manager need not reinvest any further sum in terms of this paragraph; plus (c) position risk capital of a sum equivalent to 25 per cent of the amount paid for participatory interests in a portfolio and held by the manager for its own account. (d) Total. (7) Liquid resources [1(5) minus 1(6)(d)]. 2. (1) For the purposes of 1(6)(a) fixed cost amounts must be determined as follows: COMPUTATION OF FIXED COST BASE REQUIREMENT Expense Category Treat as Fixed Cost Amounts Treat as Trading Costs and “non-cash” items Expenses per Income Statement Accounting and secretarial or other services, charges, etc. X Auditors’ remuneration X Depreciation X (a) Insurance X Interest paid other than to Directors Bank overdraft X X (f)
4 Other Finance X X (f) Charges and fees X X (b) Motor vehicle expenses X Net loss on realisation of fixed assets X (a) Office rental X Machine and other leasing charges/rentals X Printing and Stationery X Salaries and wages X X (c) Telephone, telex and postages X Other expenses X X (d)+(g) Salaries and Directors’ Fees Interest X (e) X (e) TOTAL Note: In determining fixed cost amounts, the following principles must be applied: (a) Depreciation and profits or losses on sales of fixed assets are non-cash items and must not be taken into account. (b) Charges relating to active trading must be excluded. Fixed charges must be included. Asset management fees that are proportionate to a manager’s service fee receivable may be excluded. (c) Non-contractual payments by way of profit shares or performance related bonuses must be excluded.
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