This is the version of this Act as it was from 13 December 2002 to 30 June 2008. Read the latest available version.
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- Subject areas > Business, Trade and Industry
- Subject areas > Energy and Natural Resources
- Subject areas > Finance and Money
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South Africa
Collective Investment Schemes Control Act, 2002
Act 45 of 2002
- Published in Government Gazette 24182 on 13 December 2002
- Assented to on 9 December 2002
- Commenced on 3 March 2003 by Collective Investment Schemes Control Act, 2002: Commencement
- [This is the version of this document as it was from 13 December 2002 to 30 June 2008.]
Part I – Collective investment schemes
1. Definitions
In this Act, unless the context indicates otherwise—“administration” means any function performed in connection with a collective investment scheme including—(a)the management or control of a collective investment scheme;(b)the receipt, payment or investment of money or other assets, including income accruals, in respect of a collective investment scheme;(c)the sale, repurchase, issue or cancellation of a participatory interest in a collective investment scheme and the giving of advice or disclosure of information on any of those matters to investors or potential investors; and(d)the buying and selling of assets or the handing over thereof to a trustee or custodian for safe custody;“advisory committee” means the Collective Investment Schemes Advisory Committee referred to in section 8;“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”;“Board” means the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990);“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—(a)two or more investors contribute money or other assets to and hold a participatory interest in a portfolio of the scheme through shares, units or any other form of participatory interest; and(b)the investors share the risk and the benefit of investment in proportion to their participatory interest in a portfolio of a scheme or on any other basis determined in the deed,but not a collective investment scheme authorised by any other Act;“company” means a company incorporated or registered under the Companies Act, 1973 (Act No. 61 of 1973);“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 the deed of a management company which immediately prior to the commencement of this Act was a management company in terms of any law repealed by this Act;“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;“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;“manager” means a person who is authorised in terms of this Act to administer a collective investment scheme;“members of the public” includes—(a)members of any section of the public, whether selected as clients, members, shareholders, employees or ex-employees of the person issuing an invitation to acquire a participatory interest in a portfolio; and(b)a financial institution regulated by any law,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;“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” means prescribed by regulation;“registrar” means the registrar or the deputy registrar of collective investment schemes referred to in section 7;“regulation” means a regulation made under this Act;“rule” means a rule referred to in section 32;“sell” 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 68.2. Principles for administration of collective investment scheme
3. Disclosure of information
Before entering into a transaction with an investor—4. Duties of manager
5. Requirement for administration of collective investment schemes
No person may perform any act or enter into any agreement or transaction for the purpose of administering a collective investment scheme, unless such person—6. Prohibition of misleading names and acts
7. Registrar and deputy registrar of collective investment schemes
The executive officer and a deputy executive officer referred to in section 1 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), are the registrar and the deputy registrar of collective investment schemes, respectively.8. Collective Investment Schemes Advisory Committee
9. Appointment of members of advisory committee and termination of appointment
10. Functions of advisory committee
11. Meetings of advisory committee
12. Subcommittees of advisory committee
13. Remuneration and expenses of members of advisory committee
Part II – Functions of registrar
14. Special provision concerning powers of registrar
15. Powers of registrar after investigation
16. Cancellation or suspension of registration of manager
17. Registrar may object to certain documents
The registrar may object to the terms of any price list, advertisement, brochure or similar document relating to a collective investment scheme published or proposed to be published by a manager or any of its authorised agents if the registrar considers the terms are calculated to mislead or are, for any other good and sufficient reason, objectionable or undesirable, and the registrar may direct the manager to discontinue or refrain from publishing or distributing any such document, or to amend its terms.18. Power of registrar to impose penalties for failure or inability to comply with requirements
19. Power of registrar to request audit
20. Attendance of meetings of association and furnishing of certain documents to registrar
21. Declaration of certain practices as irregular or undesirable
22. Exemptions
When it is in the public interest, the registrar may exempt—23. Annual report by registrar
24. Board of appeal
A person aggrieved by a decision of the registrar under a power conferred or a duty imposed upon him or her by or under this Act, may appeal to the board of appeal referred to in section 26 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), on the terms and conditions determined in that Act.Part III – Association of collective investment schemes
25. Application for association licence
26. Issue or renewal of association licence
The registrar may on such conditions as he or she may determine issue or renew an association licence if the registrar is satisfied that—27. Refusal of renewal of association licence
28. Cancellation or suspension of association licence
29. Restriction on use of name or description implying connection with association
A person may not use a name or description signifying or implying some connection between a company, close corporation, body, firm, business, undertaking and an association which has been licensed in terms of section 26 unless such person is a member of that association.30. Delegation of functions of executive committee
An executive committee of an association may, subject to such conditions as it may determine, delegate or assign any power or duty conferred upon or imposed upon it under this Act to a subcommittee or a person designated by it but is not divested or relieved of a power or duty so delegated or assigned.31. Suspension of administration of collective investment scheme
32. Rules of association
The rules of an association must provide for the matters specified in Schedule 4.33. Power of court to declare member disqualified
34. Voluntary dissolution of association
35. Winding-up of association by court
36. Judicial management of association
37. Appointment of judicial manager or liquidator
Despite the provisions of the Companies Act, 1973 (Act No. 61 of 1973), a judicial manager or liquidator in respect of an association must be appointed by the Master of the High Court in consultation with the registrar.38. Report by association to registrar
An association must within two months after the end of every calendar year submit a report to the registrar concerning the activities of its members and of its own activities in relation to this Act and, within three months after the end of the financial year, submit to the registrar audited financial statements which fairly present the financial affairs of the association.Part IV – Collective investment schemes in securities
39. Definition
In this Part, unless the context indicates otherwise, “collective investment scheme in securities” means a scheme the portfolio of which consists, subject to this Act, mainly of securities.40. Determination of securities or classes of securities
The registrar may determine securities or classes of securities that may be included in a portfolio of a collective investment scheme in securities.41. Restrictions on administration of collective investment scheme in securities
42. Procedure for registration of manager of collective investment scheme in securities
43. Change of name of manager, portfolio or collective investment scheme in securities and change of shareholding or directors and removal of appointees
44. Determination of market price of securities
45. Foreign securities in which collective investment scheme in securities may invest
A manager may, subject to the provisions of this Act and any other law, invest assets of a portfolio of a collective investment scheme in foreign equity or non-equity securities if such foreign—46. Limitation on investment in portfolio
Part V – Collective investment schemes in property
47. Definitions
48. Restrictions on administration of collective investment scheme in property
49. Foreign country in which collective investment scheme in property may invest
A manager may, subject to this Act or any other law, invest assets of a portfolio of a collective investment scheme in property in immovable property in a foreign country and property shares or participatory interests in a collective investment scheme in property in a foreign country if such foreign country has a foreign currency sovereign rating by a rating agency, which raring and rating agency must be determined by the registrar: Provided that if the country has been rated by more than one agency the lower of the ratings applies.50. Listing of participatory interests by exchange
51. Certain provisions of Part IV to apply in respect of manager of collective investment scheme in property
Sections 42, 43 and 46 apply, in so far as they can be applied with the necessary changes, in respect of a manager of a collective investment scheme in property.Part VI – Collective investment schemes in participation bonds
52. Definitions
53. Restrictions on administration of collective investment scheme in participation bonds
54. Restrictions on business of collective investment scheme in participation bonds
55. Capacity of manager
56. Registration of participation bonds in name of nominee company
57. Rights of participant
The debt secured by a participation bond is, to the extent of the participatory interest granted to any participant, a debt owing by the mortgagor to such participant and not to the nominee company, and the rights conferred by the registration of any such bond are regarded, despite the registration of the bond in the name of the nominee company, to be held by the participants.58. Minimum investment period
An agreement in terms of which a manager accepts money for investment in a collective investment scheme in participation bonds must provide that such money is invested in such scheme for a period of not less than five years.59. Participatory interests rank in preference concurrently
All participatory interests granted in any participation bond, whenever granted, shall rank in preference concurrently with one another as from the dale of registration of the bond.60. Restrictions on rights of nominee company
A nominee company may not transfer, cede or in any way encumber any of its rights under a participation bond without the written consent of the registrar.61. Collateral security in respect of participation bonds
Part VII – Declared collective investment schemes
62. Definition
In this Part, unless the context indicates otherwise—“declared collective investment scheme” means a collective investment scheme other than a collective investment scheme in securities, property or participation bonds, which has been declared to be a collective investment scheme under section 63.63. Declaration of specific type of business as collective investment scheme for purposes of Act
64. Certain provisions to apply in respect of declared collective investment scheme
Sections 41, 42, 43, 45 and 46 apply, to the extent to which they can be applied with the necessary changes, in respect of a manager of a declared collective investment scheme.Part VIII – Foreign collective investment schemes
65. Restrictions on foreign collective investment scheme to carry on business in Republic
66. Reciprocity
67. Withdrawal of approval of foreign collective investment scheme
The registrar may at any time withdraw an approval under section 65 if—Part IX – Trustee or custodian
68. Appointment and termination of appointment of trustee or custodian
69. Qualifications and registration of trustee or custodian
70. Duties of trustee or custodian
71. Status of assets
For purposes of this Act any—72. Liability of trustee or custodian in respect of loss of assets
The trustee or custodian must indemnify the manager and investors against any loss or damage suffered in respect of money or other assets in the custody of the trustee or custodian and which loss or damage is caused by a wilful or negligent act or omission by the trustee or custodian.Part X – Auditor
73. Appointment and approval of auditor
74. Accounting records and audit
75. Duty of auditor to disclose irregularity or undesirable practice
Part XI – Conversion of collective investment scheme
76. Definitions
77. Conversion of collective investment scheme
A manager may not convert a collective investment scheme—78. Application for registrar's approval
79. Consideration of application
80. Resolution by investors
81. Registration of memorandum and articles of association by register of companies
82. Certificate of registration of conversion and notice in Gazette
83. Effects of conversion
84. Issue of participatory interests to persons who were investors in former collective investment scheme
Part XII – General
85. Restrictions on assets which may be included in or lent by portfolio of collective investment scheme
86. Business capacity of manager
87. Definition
For the purpose of sections 88 and 89, “liquid form” means any asset which is capable of being liquidated within seven days.88. Capital requirement which manager must maintain
89. Obligation of manager to maintain capital requirement and failure to comply
90. Financial statements and other information to be furnished by manager
91. Exercise of voting power by manager
A manager or its nominee exercising the voting power conferred on it by the assets held in a portfolio, must exercise such power in the best interest of the investors.92. Unauthorised gain derived from acquisition of assets
A manager, director or employee of a manager may not directly or indirectly have a personal interest in or derive any pecuniary advantage from the acquisition or sale by them of any assets of a portfolio except if such advantage accrues in the ordinary course of business to them by virtue of—93. Permissible deductions from portfolio
94. Calculation of price and limitation of amount of rounding-off accrual
95. Sale of participatory interests only on payment of full purchase price and restriction on lending or borrowing of money
96. Power of manager to borrow money to bridge insufficient liquidity in a portfolio
In the case where insufficient liquidity exists in a portfolio or where assets cannot be realised to repurchase or cancel participatory interests, the manager of a collective investment scheme in securities may borrow the necessary funds for such repurchase or cancellation on security of the assets and for the account of the portfolio in question, from a registered financial institution at the best commercial terms available and until assets can be realised to repay such a loan: Provided that the maximum amount so borrowed may not exceed 10 per cent of the market value of such portfolio at the time of borrowing.97. Matters which must be provided for in deed and exemption from and suspension of provision of deed
98. Void provisions of deed and amendment of deed
99. Amalgamation of business of collective investment schemes or portfolios and cession, transfer or take-over of rights of investors
100. Contents of price list, advertisement, brochure and similar document
101. Principal office and public officer in Republic
102. Winding-up of portfolio of collective investment scheme
103. Manner of dealing with trust property on winding-up of portfolio
104. Separation of assets of portfolio handed to or received by manager, trustee or custodian
For the purposes of a claim against a manager, trustee or custodian there must be excluded from the assets of the manager, trustee or custodian—105. Separation of funds of investors and other persons
106. False or misleading statements
No person may make a statement or disseminate information which he or she knows, or ought reasonably to know, is false or misleading or is likely or intended to—107. Fraudulently inducing person to purchase or deal in participatory interests
No person may—108. Evidence
A record purporting to have been made or kept in the ordinary course of the business of a collective investment scheme, or a copy of or an extract front such record duly certified to be correct, is on its mere production by the State in any criminal proceedings admissible as evidence of the facts contained in such record, copy or extract.109. Liability for loss
110. Certain written matter to bear names of certain persons
No person may publish or issue to the public or circulate any written comment which may influence the value of any participatory interest unless such comment is accompanied by—111. Application of Companies Act in relation to manager
112. Delegation of functions
113. Exemption from Act 57 of 1988
The Trust Property Control Act, 1988 (Act No. 57 of 1988), does not apply in respect of a collective investment scheme administered in terms of this Act.114. Regulations by Minister and notices by registrar
115. Offences
Any person who—116. Penalties
Subject to the provisions of the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), regarding minimum sentences for serious offences, any person who is, in terms of any provision of this Act, guilty of an offence in respect of which no penalty is specifically provided, is liable to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.117. Repeal or amendment of laws and savings
118. Short title
This Act is called the Collective Investment Schemes Control Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
01 April 2023
01 April 2018
28 February 2014
03 June 2013
Amended by
Financial Markets Act, 2012
Read this version
01 November 2008
01 July 2008
Amended by
Revenue Laws Amendment Act, 2007
Amended by
Taxation Laws Amendment Act, 2008
Read this version
03 March 2003
13 December 2002 this version
09 December 2002
Assented to
Subsidiary legislation
Cited documents 14
Legislation 14
- Banks Act, 1990
- Commissions Act, 1947
- Companies Act, 2008
- Electronic Communications and Transactions Act, 2002
- Financial Institutions (Protection of Funds) Act, 2001
- Financial Institutions Amendment Act, 1988
- Financial Institutions Amendment Act, 1990
- Financial Institutions Amendment Act, 1992
- Financial Institutions Amendment Act, 1993
- Financial Institutions Second Amendment Act, 1993
- Financial Services Board Act, 1990
- Long-term Insurance Act, 1998
- Promotion of Administrative Justice Act, 2000
- Trust Property Control Act, 1988
Documents citing this one 131
Gazette 112
- KwaZulu-Natal Provincial Gazette dated 2018-05-17 number 1953
- KwaZulu-Natal Provincial Gazette dated 2018-11-29 number 2024
- KwaZulu-Natal Provincial Gazette dated 2019-02-21 number 2048
- South Africa Government Gazette Regulation Gazette dated 2005-03-01 number 27344
- South Africa Government Gazette Regulation Gazette dated 2009-07-01 number 32357
- South Africa Government Gazette Regulation Gazette dated 2011-03-04 number 34070
- South Africa Government Gazette Regulation Gazette dated 2012-12-12 number 35950 part 1
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- South Africa Government Gazette Regulation Gazette dated 2015-11-20 number 39425
- South Africa Government Gazette Regulation Gazette dated 2018-02-09 number 41433 part 1
- South Africa Government Gazette Regulation Gazette dated 2018-10-29 number 42002
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- South Africa Government Gazette dated 2003-02-28 number 24984
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- South Africa Government Gazette dated 2003-09-12 number 25426
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- South Africa Government Gazette dated 2005-07-15 number 27773
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- South Africa Government Gazette dated 2007-07-06 number 30058
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- South Africa Government Gazette dated 2015-09-18 number 39220 part 1
- South Africa Government Gazette dated 2015-10-09 number 39275 part 1
- South Africa Government Gazette dated 2016-04-01 number 39887 part 1
- South Africa Government Gazette dated 2016-06-01 number 40032
- South Africa Government Gazette dated 2016-07-29 number 40166 part 1
- South Africa Government Gazette dated 2016-12-23 number 40515 part 1
- South Africa Government Gazette dated 2017-06-12 number 40912
- South Africa Government Gazette dated 2017-08-22 number 41060 part 1
- South Africa Government Gazette dated 2017-08-25 number 41064 part 1
- South Africa Government Gazette dated 2017-12-15 number 41321 part 1
- South Africa Government Gazette dated 2018-01-18 number 41388 part 1
- South Africa Government Gazette dated 2018-03-29 number 41549
- South Africa Government Gazette dated 2018-06-29 number 41746
- South Africa Government Gazette dated 2019-05-17 number 42464 part 1
- South Africa Government Gazette dated 2019-07-12 number 42579
- South Africa Government Gazette dated 2020-06-19 number 43447
- South Africa Government Gazette dated 2021-02-12 number 44188 part 1
- South Africa Government Gazette dated 2021-08-11 number 44979
- South Africa Government Gazette dated 2021-08-27 number 45058 part 1
- South Africa Government Gazette dated 2021-10-29 number 45396 part 1
- South Africa Government Gazette dated 2022-08-29 number 46834
- South Africa Government Gazette dated 2022-09-02 number 46844
- South Africa Government Gazette dated 2022-11-29 number 47596
Judgment 6
- Impact Financial Consultants CC and Another v Bam NO and Others (856/2019) [2021] ZASCA 54 (30 April 2021)
- Jeewa and Another v Strydom NO and Others; In re: Strydom NO and Others v Jeewa ans Another (55407/15) [2018] ZAGPPHC 512 (25 January 2018)
- Kuttel v Master of High Court (Western Cape Division) and Others (819/2021) [2022] ZASCA 156 (16 November 2022)
- Living Hands (Pty) Limited NO and Others v Old Mutual Unit Trust Managers Ltd (42728/10) [2022] ZAGPJHC 456 (12 July 2022)
- My Vote Counts NPC v Speaker of the National Assembly and Others [2015] ZACC 31 (30 September 2015)
- Recycling and Economic Development Initiative of South Africa v Minister of Environmental Affairs ; Kusaga Taka Consulting (Pty) Ltd v Minister of Environmental Affairs (1260/2017; 1279/2017; 187/2018; 188/2018) [2019] ZASCA 1 (24 January 2019)
Legislation 13
- Companies Act, 2008
- Determination of Fit and Proper Requirements, 2017
- Financial Institutions (Protection of Funds) Act, 2001
- Financial Markets Act, 2012
- Financial Sector Regulation Act, 2017
- Financial Sector and Deposit Insurance Levies Act, 2022
- Income Tax Act, 1962
- Policyholder Protection Rules (Long-term Insurance), 2017
- Regulations Relating to the Kwazulu-Natal Joint Municipal Pension Fund (Retirement), 2019
- Regulations Relating to the Kwazulu-Natal Joint Municipal Pension Fund (Superannuation), 2019
- Regulations Relating to the Kwazulu-Natal Joint Municipal Provident Fund, 2019
- Regulations under section 109(1)(bA) of the Legal Practice Act, 2014
- Securities Transfer Tax Act, 2007