Rule · SEC · 3 Jan 2017
The Securities and Exchange Commission mandates Fund Managers and Market Operators to pay standardized market, transaction, and depository levies for the 2017 financial year. The guidelines establish fixed annual fees by entity type, set transaction rates at 0.15% for shares and 0.01% for bonds, and require quarterly payments on Funds Under Management calculated at 0.09% of Net Asset Value after specified deductions. Overdue payments incur interest based on the prevailing 182-day Treasury bill rate, with non-compliance subject to regulatory sanctions under the Securities Industry Act.
‘Ensuring Investor Protection’
THE SECURITIES AND EXCHANGE COMMISSION
SEC/GUI/001/01/2017
1.0. Preamble
These Guidelines are issued by the Securities and Exchange Commission (hereinafter referred to as “the Commission”) pursuant to section 15 of the Securities Industry Act, 2016 (Act 929) for the payment of market levies.
2.0. Applicability
These guidelines shall be applicable to Fund Managers and other Market Operators for the financial year 2017.
3.0. Market Operators’ Levy
Market Operators Levy (GHS)
-
GSE 20,000
Primary Dealers 15,000
Custodians 15,000
Trustees 10,000
Fund Managers 5,000
GUIDELINES ON MARKET LEVIES FOR 2017
Broker Dealers 3,000
Investment Advisors 3,000
Registrars 3,000
3.1 Mode of payment
The Market Operator shall pay the required levy by the end of the first quarter of the year either in full or in a maximum of three installments.
4.0 Transaction levy
(1) The transaction levy shall be paid by the purchaser and seller of securities. (2) The transaction levy shall be charged on the purchase and sale as follows:
(a) For shares, 0.15% of the total transaction value; (b) For Bonds, the regulators’ commission of 0.01% of the nominal value of the trade shall be apportioned as follows:
(i) Ghana Fixed Income Market, 50/100 of the 0.01%; (ii) Central Securities Depository Ltd., 30/100 of the 0.01%; and (iii) Securities and Exchange Commission, 20/100 of the 0.01%.
4.1 Mode of payment
The transaction levy shall be paid within seven (7) days after the end of the month in which the transaction was effected.
5.0 Depository levy.
Securities in the depository shall attract a levy of 0.003% of the face value of the securities payable to the Commission.
5.1 Mode of payment
The depository shall pay the required levy within seven (7) days after the end of the month in which the transaction was effected.
6.0 Funds Under Management
This guideline is issued to assist Fund Managers on the computation and payment of the market levies on Funds under Management (FUM).
6.1 Procedure
i. Market Levies are based on the Net Asset Value (NAV) of funds under the
management of a Fund Manager.
ii. Collective Investment Schemes, Pension Funds and Funds invested in listed
securities shall not be subjected to the levy.
iii. All other funds under the management of a Fund Manager other than those
mentioned in (ii) above, shall be subject to the market levy determined by the Commission.
iv. The levy applicable for the financial year 2017 shall be 0.09% on the Net Asset
Value.
6.2 Formula
i. For the 2017 financial year, the amount on which the levy shall be based shall be
the Net Asset Value of funds under management less funds invested in Pension Funds, Collective Investment Schemes and listed equities.
ii. SEC Market Levy = 0.09 % per annum *(NAV of FUM) minus CIS Funds minus
PFs minus FILE
6.3 Time and method of payment
i. The Market Levy is payable at the end of every quarter.
ii. The Fund Manager shall calculate the market levy at the end of every quarter
as prescribed in appendix 1 of this Guideline.
iii. The cheque for the payment of the market levy should be submitted to the
Commission together with the funds under management report for the quarter not later than 21 days after the end of the quarter.
6.4 Method of collecting levies from clients
The Fund Manager shall ensure that clients have enough funds in the trust account to meet the levy. This may be done through:
i. Requiring the client to make payment upfront for the levy.
ii. Keeping part of interest earned on investments in cash for the levy.
iii. The Fund Manager may opt to pay on behalf of the client and arrange for
reimbursement.
7.0 Payment of interest on levies overdue
Late payment of levies shall attract interest at the 182 day Treasury bill rate per annum prevailing at the beginning of the quarter that the late payment relates. The interest shall be calculated daily from the time the levy becomes payable until when it is fully paid. Any interest accruing on any overdue levy on funds under management shall be borne fully by the Fund Manager. Under no circumstance shall such interest be charged to the funds under management. In all other cases, payment of interest shall be borne by the Market Operator.
8.0 Sanctions for non-payment
i. The Commission shall exercise its powers exercise under section 209 (4) Securities
Industry Act, 2016 (Act 929).
9.0 Definitions
i. FILE means funds other than Pension Funds and Collective Investment
Schemes invested in listed equities.
ii. Market Levy is levy imposed on Market Operators pursuant to section 15 of
the Securities Industry Act, 2016 (Act 929) to meet the expenses of the Commission.
iii. Market Operator means a person duly licensed by the Commission to perform
specific functions in the securities market.
Appendix 1
COMPUTATION OF MARKET LEVY AS
AT (End of quarter)
Name of Investment Advisor:
Value in
Current
Quarter
Value in
Previous
Quarter
GH¢ GH¢
A Net Asset Value of Total Funds Under Management XXX XXX Less B Pension Funds (xxx) (xxx) C Funds Invested in Collective Investment Schemes (XX) (XX) D Funds invested in Listed equities (FILE) (XX) (XX) E (A-B-C-D) Funds subject to the Levy XXX XXX F E .09% Market Levy @ .09% per annum XX XX G F.25 Market Levy for the quarter XX XX
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A newer document in RegAlert amends this one; it applies as amended.
“The Guideline issued by the Securities & Exchange Commission pursuant to Section 15 of the Securities Industry Act, 2016 (Act 929) referred to as SEC/GUI/001/01/2017 (hereinafter referred to as “the principal Guideline”) is hereby amended”
“These Guidelines are issued by the Securities and Exchange Commission (hereinafter referred to as “the Commission”) pursuant to section 15 of the Securities Industry Act, 2016 (Act 929) for the payment of market levies.”
Amended 1 time · last 2017-09-22
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