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

Board Notices

Advertising, marketing and information disclosure requirements for collective investment schemes

Part VI : General Provisions

19. Lodging of material with the registrar
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(1)A manager must lodge with the registrar, against the prescribed fee, copies of all advertisements and marketing material, MDDs and application forms ("material") to be published by the manager or any of its authorised representatives prior to publication or use of the material.

 

(2)Subject to the provisions of sub-paragraph 19(1) a manager must lodge application form templates at least once annually, within 30 days of the commencement of the manager's new financial year.

 

(3)Where the registrar objects to any material lodged with him or her, on any grounds contemplated in section 17 of the Act, within 30 days of lodgement, the manager may not use the material further until the objection has been addressed to the registrar's satisfaction and the registrar has confirmed in writing that the objection has been addressed.

 

(4)If at any time it appears that any material is not appropriate on the grounds contemplated by section 17 of the Act, notwithstanding the fact that the registrar may not have raised any objections regarding the material at the time it was originally lodged with him or her, the registrar may express his or her concerns and require the manager to address the concerns raised within a stipulated time frame.

 

(5)If the manager is unable to address the registrar's concerns to the satisfaction of the registrar, the registrar may require that the manager desist from any further use of the material until the material has been modified to the registrar's satisfaction.

 

(6)In assessing whether any material complies with this Notice, the registrar may take into account matters of fact or opinion or forecasts which have been omitted (or might properly have been included) in the material as well as the content and form of the material itself, the context in which it is published, the general impression that it creates, and the likelihood of any person being misled by it.