| 8. |
[Heading of regulation 8 deleted by Notice No. R. 2324 of 1993] |
| (1) |
Every application for registration of a pension fund shall consist of a letter signed by the person managing the business of the fund for the time being or by a person on behalf of the employer participating in the fund, in which— |
| (a) |
registration of the pension fund is applied for; |
| (b) |
the full name of the pension fund is stated; |
| (c) |
the physical address of the registered office of the pension fund is stated; |
| (d) |
the postal address of the registered office of the pension fund is stated; |
| (e) |
the name and address of the person who for the time being is, or upon registration of the pension fund will be, administering the fund are given; |
| (f) |
the full name, the physical and postal addresses of the participating employer or employers and the initial rate of contributions to be paid by the employer if not set out in the rules are stated; |
and shall be accompanied by—
| (i) |
two copies of the rules of the pension fund, duly certified by the applicant in accordance with regulation 18 as being the rules which will come into operation on the date of registration of the fund, or the date of commencement of the fund, whichever date is applicable; |
| (ii) |
a document to indicate the authority in terms of which the pension fund was established, and if no such authority exists, this fact shall be clearly stated; |
| (iii) |
[Regulation 8(1)(iii) deleted by regulation 4 of Notice No. R. 491 of 2006] |
| (iv) |
if a fund desires to be exempted from the valuation requirements in terms of section 16 of the Act, an application to that effect, together with a certificate by an actuary certifying that there has been compliance with the provisions of subparagraphs (i), (v) and (vii) of paragraph (c) of regulation 2; |
| (v) |
the application and registration fees prescribed by Schedule L. |
| (2) |
The conditions with which a pension fund shall comply in terms of section 4(4) shall be as follows: |
| (a) |
The rules of the fund shall be consistent with the Act and the regulations; and |
| (b) |
the rules shall be based on sound financial principles. |
[Regulation 8 substituted by Notice No. R. 2324 of 1993]
9. Foreign Funds
An application for registration of a fund referred to in section two (2) of the Act shall be in the form set out and be accompanied by all the documents and particulars mentioned in regulation 8. In addition the applicant shall submit a memorandum in which are set out—
| (a) |
the reasons why exemption is claimed under section two (2); |
| (b) |
the names and registered addresses of the head offices of all the employers participating in the fund; |
| (c) |
the number of members of the fund— |
| (i) |
outside the Republic of South Africa; |
| (ii) |
in the Republic who are South African citizens; |
| (iii) |
in the Republic who are not South African citizens. |
10. [Regulation 10 withdrawn by Notice No. R. 2324 of 1993]
11. [Regulation 11 withdrawn by Notice No. R. 2324 of 1993]
Older Persons Act, 2006
