Statistics Act, 1999
R 385
Collective Investment Schemes Control Act, 2002 (Act No. 45 of 2002)Part XII : General114. Regulations by Minister and notices by registrar |
| (1) | The Minister may make regulations as to any matter which is required or permitted by this Act to be prescribed under this Act. |
| (2) | The Minister may make different regulations— |
| (a) | in respect of a manager which is or a manager which is not a member of an association, different types of collective investment schemes or different types of portfolios; |
| (b) | prescribing, generally, any matter, whether or not connected with any matter specified in subsection (1), which is necessary or expedient to prescribe to or regulate in order for the objects of this Act to be achieved, but the generality of this provision is not limited by subsection (1). |
| (3) | The registrar may, for the purposes of this Act, by notice in the Gazette determine— |
| (a) | the records to be kept and furnished to the registrar by a manager; |
| (b) | the forms, returns, documents or information and the manner and time limits for the lodgement with or transmission to the registrar or any other person: |
| (c) | the manner in which and the period within which— |
| (i) | application for the renewal of an association licence must be made; or |
| (ii) | notice must be given of the issue, cancellation or suspension of an association licence; |
| (d) | matters in addition to those contemplated in any other provision of this Act in respect of which fees are payable, the fee payable in respect of each such matter, and, in relation to such fees as well as fees payable under any such other provision of this Act, the persons by whom the fees are payable, the manner of payment thereof and, where it is deemed necessary, the payment of interest in respect of overdue fees; |
| (e) | rules for the conduct of a collective investment scheme by a manager who is not a member of an association; and |
| (f) | the circumstances under which the manager of a collective investment scheme in securities may suspend the repurchase of participatory interests and the conditions of such suspension: Provided that any offer of participatory interests for repurchase by an investor, the aggregate amount or value of which does not exceed the amount specified by the registrar, on the day of such offer, is excluded from any suspension. |
| (4) | The registrar may issue different notices— |
| (a) | in respect of a manager which is or a manager which is not a member of an association, different types of collective investment schemes or different types of portfolios; |
| (b) | determining, generally, any matter, whether or not connected with any matter specified in subsection (3), which is necessary or expedient to determine in order for the objects of this Act to be achieved, but the generality of this provision is not limited by subsection (3). |
| (5) | [Section 114(5) deleted by section 290, item 10 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)] |
| (6) | Fees which are by virtue of a provision of this Act payable, and interest so payable in respect of overdue fees, are a debt due to the Board and may be recovered by the registrar by action in any competent court. |
| (7) | A regulation may provide for penalties for a contravention thereof or failure to comply therewith. |
