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

Board Notices

Determination on the requirements for hedge funds

Part 4 : General Provisions Applicable to all Hedge Fund

21. Counterparties

 

(1) A hedge fund may only invest in derivative instruments where the counterparty is—
(a) the South African Government;
(b) a bank;
(c) a long-term insurer registered or deemed to be registered as a long-term insurer under the Long-term Insurance Act, 1998 (Act No. 52 of 1998);
(d) a short-term insurer registered or deemed to be registered as a short-term insurer under the Short-term Insurance Act, 1998 (Act No. 53 of 1998);
(e) a clearing house; or
(f) an authorised user;
(g) a person outside the Republic who is registered, licensed, recognised, approved or otherwise authorised to render services or conduct the business of a bank or a business referred to in paragraphs (b) to (f) by a foreign regulator with functions similar to those of the registrar, the Registrar of Banks, the Registrar of Financial Services Providers or the Registrar of Long-term or Short-term Insurance.

 

(2) A manager must conduct appropriate stress-testing to assess counterparty exposure and the impact of a change in the risk profile of the counterparty on financing and collateral requirements.