Financial Services Board Act, 1990 (Act No. 97 of 1990)1. Definitions |
In this Act, unless the context otherwise indicates—
[Definition deleted by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 28 September 2018 (paragraph (c)(iii) of Notice No. 1019, GG 41947, dated 28 September 2018)
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
means—
| (a) |
| (i) | any pension fund organisation registered in terms of the Pension Funds Act, 1956 (Act No. 24 of 1956), or any person referred to in section 13B of that Act administering the investments of such a pension fund or the disposition of benefits provided for in the rules of such a pension fund; |
| (ii) | any friendly society registered in terms of the Friendly Societies Act, 1956 (Act No. 25 of 1956), or any person in charge of the management of the affairs of such a society; |
| (iii) | a collective investment scheme as defined in section 1 of the Collective Investment Schemes Control Act, 2002, a manager, trustee, custodian or nominee company registered or approved in terms of that Act, and an authorised agent of such a manager; |
| (iv) | [Subparagraph (iv) deleted by section 19 of Act No. 22 of 2008]; |
| (v) | (any 'external authorised user', 'external central securities depository, 'external clearing house', 'external clearing member', 'external exchange', 'external participant' or 'external trade repository', or any person referred to in paragraphs (a) to (h) and (j) of the definition of 'regulated person', as defined in the Financial Markets Act, 2012 (Act No. 19 of 2012); |
[Subparagraph (v) amended by section 54(a) of Act No. 45 of 2013]
| (vi) | [Subparagraph (vi) deleted by section 117 of Act No. 36 of 2004]; |
| (vii) | any ‘long-term insurer’ as defined in section 1(1) of the Long-term Insurance Act, 1998 (Act No. 52 of 1998), and any ‘short-term insurer’ as defined in section 1(1) of the Short-term Insurance Act, 1998 (Act No. 53 of 1998); |
| (viii) | any ‘independent intermediary’ or 'representative' contemplated in the Short-term Insurance Act, 1998 (Act No. 53 of 1998), and the Long-term Insurance Act, 1998 (Act No. 52 of 1998); or |
[Subparagraph (viii) amended by section 54(b) of Act No. 45 of 2013]
| (ix) | any ‘Lloyd’s underwriter’ as defined in section 1(1) of the Short-term Insurance Act, 1998, and referred to in section 56 of that Act; |
| (x) | [Subparagraph (x) deleted by section 54(e) of Act No. 45 of 2013]; |
| (xi) | [Subparagraph (xi) deleted by section 117 of Act No. 36 of 2004]; |
| (b) |
| (i) | a bank as defined in section 1(1) of the Banks Act, 1990 (Act No. 94 of 1990), a mutual bank as defined in section 1(1) of the Mutual Banks Act, 1993 (Act No. 124 of 1993), or a co-operative bank as defined in section 1(1) of the Co-operative Banks Act, 2007 (Act No. 40 of 2007), which deals with trust property as a regular feature of its business; or |
| (ii) | any other person who or which deals with trust property as a regular feature of his, her or its business, but who is not registered, licensed, recognised, approved or otherwise authorised to deal so in terms of any Act, other than the Companies Act, 2008 (Act No. 71 of 2008), the Close Corporations Act, 1984 (Act No. 69 of 1984), and the Trust Property Control Act, 1988 (Act No. 57 of 1988); |
[Subparagraph (ii) amended by section 54(c) of Act No. 45 of 2013]
| (c) | any person that performs an activity regulated under a law referred to in paragraph (a) or (b); |
[Subparagraph (c) inserted by section 54(d) of Act No. 45 of 2013]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
[Definition repealed by section 290, item 1 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
means 'trust property' as defined in section 1 of the Financial Institutions (Investment of Funds) Act, 1984 (Act No. 39 of 1984).