Collective Investment Schemes
Collective Investment Schemes
Among the many ways the Securities and Exchange Commission protects investors in the capital markets is through the authorization of Collective Investment Schemes. in other parts of the world , these are known as Mutual Funds. Section 121 of the Securities Act requires a CIS to be authorized by the Commission before being offered to the public and it is an offence under the Securities Act to offer a CIS to the public that is not authorized by the Commission. CISs to be established in Zambia or established elsewhere must comply with the Securities subsidiary legislation, the Securities (Collective Investment Schemes) Rules, commonly referred to as the “CIS Rules”. The CIS rules prescribe among others rules pertaining to the establishment of the CIS, operation, investment restrictions, reporting requirements, how meetings of members are to be conducted etc. Rule 5 of the CIS Rules prescribes the documentation to be submitted when an applicant makes and application for authorization of a CIS. The documents are as required are as follows;
- A formal written application for authorization of a CIS submitted by a licensed dealer of licensed investment advisor
- The application for authorization must be accompanied by the following documents
- The scheme's offering and constitutive document
- The scheme's latest audited report(if any) and if more recent, the latest unaudited report;
- The management company's latest report;
- The trustee/custodian's latest audited report and resumes of its directors;
- The trustee/custodian's latest audited report
- A letter of consent to the appointment from the trustee/custodian: and
- The prescribed application fee in SI 82 of 2013
- In addition to the above documents an application for the authorization of a non-Zambian-based scheme shall include
- A Zambian representative agreement; and
- A Zambian covering document
The application for authorization shall be processed and a decision communicated to the applicant within 90 days from date of receipt of a complete application
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