• Chapter 11 Chapter 11 Collective Investment

    • The activities

      • 59. Managing a Collective Investment Fund

        (1) Managing a Collective Investment Fund is a specified kind of activity.
        (2) A person manages a Collective Investment Fund when the person —
        (a) is legally accountable to the Unitholders in the Collective Investment Fund for the management of the property held for or within a Collective Investment Fund under the Collective Investment Fund's Constitution; or
        (b) establishes, manages or otherwise operates or winds up a Collective Investment Fund.
        Amended on (19 June, 2017).

      • 60. Acting as the Administrator of a Collective Investment Fund

        (1) Acting as the Administrator of a Collective Investment Fund is a specified kind of activity.
        (2) Acting as the Administrator of a Collective Investment Fund means providing one or more of the following services in relation to a Collective Investment Fund —
        (a) processing dealing instructions including subscriptions, redemptions, stock transfers and arranging settlements;
        (b) valuing of assets and performing net asset value calculations;
        (c) maintaining the share register and Unitholder registration details;
        (d) performing anti-money laundering functions;
        (e) undertaking transaction monitoring and reconciliation functions;
        (f) performing administrative activities in relation to banking, Cash management, treasury and foreign exchange;
        (g) producing financial statements, other than as the Collective Investment Fund's auditor; or
        (h) communicating with participants, the Collective Investment Fund, the Collective Investment Fund manager, and investment managers, the prime brokers, the Regulator and any other parties in relation to the administration of the Collective Investment Fund.

      • 61. Acting as the Trustee of an Investment Trust

        (1) Acting as the Trustee of an Investment Trust is a specified kind of activity.
        (2) A person Acts as the Trustee of an Investment Trust when the person holds the assets of a Collective Investment Fund on trust for the Unitholders where the Collective Investment Fund is in the form of an Investment Trust.

    • Exclusions

      • 62. Acting as agent, employee or delegate of an Investment Trust

        A person does not Act as the Trustee of an Investment Trust merely because he is acting as an agent, employee or delegate of such trustee.

      • 63. Other exclusions

        (1) Paragraphs 59, 60 and 61 are also subject to the exclusion in paragraph 82 (Insolvency Practitioners); and
        (2) Managing a Profit Sharing Investment Account shall not constitute a Regulated Activity under Chapter 11, but shall constitute a Regulated Activity solely under paragraph 64.