"administration"

means any function performed in connection with a collective investment scheme including—

"advisory committee"

[Definition deleted by section 208(a) of Act No. 45 of 2013]

"assets"

means the investments comprising or constituting a portfolio of a collective investment scheme and includes any income accruals derived or resulting from the investments in the portfolio which are held for or are due to the investors in that portfolio;

"association"

means an association licensed in terms of section 26;

"auditor"

means a person registered under the Public Accountants’ and Auditors’ Act, 1991 (Act No. 80 of 1991), and appointed by a manager in terms of section 73;

"authorised agent"

means a person authorised by a manager to solicit investments in a portfolio from members of the public or to perform a function contemplated in the definition of "administration", and includes any person to whom a function has been delegated in terms of section 4(5);

[Definition amended by section 208(b) of Act No. 45 of 2013]

"Authority"

means the Financial Sector Conduct Authority established by section 56 of the Financial Sector Regulation Act;

[Definition inserted by section 290, item 1(a) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018]

"Board"

[Definition deleted by section 290, item 1(b) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018]

"close corporation"

means a close corporation incorporated in accordance with the Close Corporations Act, 1984 (Act No. 69 of 1984);

"collective investment scheme"

means a scheme, in whatever form, including an open-ended investment company, in pursuance of which members of the public are invited or permitted to invest money or other assets in a portfolio, and in terms of which—

but not a collective investment scheme authorised by any other Act;

"Companies Act"

means the Companies Act, 2008 (Act No. 71 of 2008)

[Definition inserted by section 208(c) of Act No. 45 of 2013]

"company"

means a company as defined in the Companies Act;

[Definition amended by section 208(d) of Act No. 45 of 2013]

"conduct standard"

has the same meaning ascribed to it in terms of section 1(1) of the Financial Sector Regulation Act;

[Definition inserted by section 290, item 1(c) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018]

"court"

means any division of the High Court of South Africa having jurisdiction;

"custodian"

means a custodian appointed in terms of section 68;

"deed"

means the agreement between a manager and a trustee or custodian, or the document of incorporation whereby a collective investment scheme is established and in terms of which it is administered, and includes—

[Definition amended by section 208(e) of Act No. 45 of 2013]

"exchange"

means an exchange licensed under the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985), the Financial Markets Control Act 1989 (Act No. 55 of 1989), or an exchange outside the Republic referred to in section 45;

"exchange securities"

means securities which are listed and authorised to be dealt in on an exchange, and the prices of which are quoted in a list issued for publication by such exchange;

"Financial Sector Regulation Act"

means the Financial Sector Regulation Act, 2017;

[Definition inserted by section 290, item 1(d) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

"income accruals"

means any dividends or interest or any other income for distribution received by the trustee, custodian or manager on behalf of investors in a portfolio in the course of any income distribution period or carried forward from any previous income distribution period or due to such investors in respect of dividends or interest or any other income declarations made but not yet distributed;

"investor"

means the holder of a participatory interest in a portfolio in the Republic;

"joint standard"

has the same meaning ascribed to it in terms of section 1(1) of the Financial Sector Regulation Act.

[Definition inserted by section 290, item 1(e) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

"manager"

means a person who is authorised in terms of this Act to administer a collective investment scheme;

"members of the public"

includes—

but excludes persons confined to a restricted circle of individuals with a common interest who receive the invitation in circumstances which can properly be regarded as a domestic or private business venture between those persons and the person issuing the invitation;

"Minister"

means the Minister of Finance;

"official web site"

[Definition deleted by section 290, item 1(f) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

"open-ended investment company"

means a company with an authorised share capital, which is structured in such a manner that it provides for the issuing of different classes of shares to investors, each class of share representing a separate portfolio with a distinct investment policy;

"participatory interest"

means any interest, undivided share or share whether called a participatory interest, unit or by any other name, and whether the value of such interest, unit, undivided share or share remains constant or varies from time to time, which may be acquired by an investor in a portfolio;

"portfolio"

means a group of assets including any amount of cash in which members of the public are invited or permitted by a manager to acquire, pursuant to a collective investment scheme, a participatory interest or a participatory interest of a specific class which as a result of its specific characteristics differs from another class of participatory interests;

"prescribed"

[Definition deleted by section 290, item 1(f) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

"prudential standard"

has the same meaning ascribed to it in terms of section 1(1) of the Financial Sector Regulation Act.

[Definition inserted by section 290, item 1(g) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

"publish"

means any direct or indirect communication transmitted by any medium, or any representation or reference written, inscribed, recorded, encoded upon or embedded within ay medium, by means of which a person, other than the registrar, seeks to bring any information to the attention of any other person, or all or part of the public;

[Definition inserted by section 208(g) of Act No. 45 of 2013]

"Register"

means the Financial Sector Information Register referred to in section 256 of the Financial Sector Regulation Act.

[Definition inserted by section 290, item 1(h) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

"registrar"

[Definition deleted by section 290, item 1(i) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

"regulation"

means a regulation made under this Act;

"rule"

means a rule referred to in section 32;

"sel" or "repurchase"

includes exchange;

"solicit"

means any act to promote investment by members of the public in a collective investment scheme;

"this Act"

includes a regulation, notice, rule and any other measure having the force of law made under this Act;

"trustee"

means the trustee appointed in terms of section 68.

"Tribunal"

means the Financial Sector Tribunal established in terms of section 219 of the Financial Sector Regulation Act.

[Definition inserted by section 290, item 1(j) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]

[Section 1(2) inserted by section 290, item 1(k) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]