RSA FSCA Exempt HFs from CIS Rules

Published on: Mar 23, 2022

On Mar. 18, RSA FSCA exempted hedge funds from CIS requirements.

  • RSA FSCA issued notice on exemption of hedge fund managers from CIS requirements.
  • Exemption from certain requirements in notice 778/2011, per section 22, collective investments schemes controls act, section 281(3)(b), financial sector regulation act.
  • Exemption Details
  • Notice 778 refers to notice on determination of the limits and conditions for third party named portfolios of collective investment schemes, gazetted on Nov. 4, 2011.
  • Provides that assets under management of a third party named portfolio may not be less than R50m after a period of 3 years from date of approval of name of portfolio.
  • Section 12(2) further sets out procedures a manager must follow where it is clear that there will not be compliance with para 12(1) upon the expiry of the 3-year period.
  • Managers of hedge funds exempted from complying with requirements in section 12.
  • FSCA view that exemption of hedge fund managers is in the public interest.
  • Effectiveness
  • Exemption valid for a period of 3 years from Mar. 18, 2022.
Regulators
RSA FSCA
Entity Types
Corp; HF; Inv Co
Reference
Com 2/2022(CIS), Com 10/2022 (CIS), 3/18/2022
Functions
Compliance; Financial; Legal; Registration/Licensing; Reporting; Risk; Treasury
Countries
South Africa
Category
State
N/A
Products
Corporate; Fund Mgt; Hedge Funds
Rule Type
Final
Regions
EMEA
Rule Date
Mar 18, 2022
Effective Date
Mar 18, 2025
Rule ID
132695
Linked to
Reg. Last Update
Mar 18, 2022
Report Section
International