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Collective Investment Schemes Control Act, 2002 (Act No. 45 of 2002)

Part IV : Collective Investment Schemes in Securities

41. Restrictions on administration of collective investment scheme in securities

 

(1) No person other than a company which has been registered as a manager under section 42 and its authorised agent may administer any collective investment scheme in securities.

 

(2) Only a company which—
(a) is a company under the Companies Act; and

[Subsection (2)(a) amended by section 221(a) of Act No. 45 of 2013]

(b) has capital and reserves as determined in terms of section 88 available for employment in its collective investment scheme,
(c) may be or may remain registered as a manager under section 42.

 

(3) A person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding R10 million or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment.

[Subsection 3 amended by section 221(b) of Act No. 45 of 2013]