Collective Investment Schemes Control Act, 2002 (Act No. 45 of 2002)

Board Notices

Determination on the requirements for hedge funds

Part 4 : General Provisions Applicable to all Hedge Fund

19. Fund administration

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(1)A manager must conduct proper due diligence when appointing a fund administrator and must ensure that its fund administrator—
(a)is an FSP;
(b)is a juristic person;
(c)is domiciled in the Republic;
(d)has the requisite experience, knowledge and capital; and
(e)has adequate internal controls and systems to ensure proper administration of the portfolio.

 

(2)Despite the provisions of subparagraph (1), where the assets of the portfolio are held in a foreign country, the manager may appoint a fund administrator regulated by an appropriate supervisory authority and subject to on-going supervision by that supervisory authority, to perform the functions of a fund administrator.

 

(3)Where the manager itself performs the fund administration services, the registrar may request an independent verification of the appropriateness of the administration system and capabilities.