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

22. Valuation and pricing

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(1)A manager must establish, maintain, enforce and document a policy which outlines the procedures and methodologies for the valuation of the assets held in or used by each portfolio.

 

(2)A manager must ensure that the valuation methodology is consistently applied according to the valuation policy.

 

(3)The valuation policy must—
(a)be reviewed periodically to ensure continued appropriateness;
(b)provide for the obligations, roles and responsibilities of all parties involved in the valuation process, including, where applicable, the fund administrators;
(c)provide for all listed securities to be priced according to market prices as contemplated in section 44 of the Act, and unlisted securities to be priced according to a generally recognised methodology approved by the custodian, or where applicable, by the fund administrator;
(d)in the case of a retail hedge fund,—
(i)provide for pricing that is at least equal to the purchase and repurchase date;
(ii)ensure that daily valuation is conducted, and that a requirement to provide daily valuation is included in the founding document;
(e)in the case of a QI fund, ensure that—
(i)pricing takes place at least equal to the purchase or repurchase dates of the relevant portfolio, whichever is more frequent; and
(ii)valuation is performed monthly;
(f)ensure that an appropriate level of independent review is undertaken for each valuation and in particular any valuation that is influenced by the manager or the hedge fund FSP;
(g)describe the process for handling and documenting instances where the manager has disagreed with the valuations or established a contrary price, including providing for the review by an independent party;
(h)provide for initial due diligence investigations performed by a person, other than a manager, of any person that is appointed to perform valuation services;
(i)ensure that the valuation methodology is transparent and available to investors; and
(j)when using models for valuations, ensure—
(i)that the model is included in the valuation policy;
(ii)that the valuation procedures and policies indicate the main features of the model; and
(iii)that the model is subject to independent validation, by a person who—
(aa)was not involved in the process of developing the model; and
(bb)has adequate competence and experience in the valuation of assets using such models.