106. Collective Investment Funds
(1) In this Part, "Collective Investment Fund" means any arrangements with respect to property of any description, including money, the purpose or effect of which is to enable persons taking part in the arrangements (whether by becoming owners of the property or any part of it or otherwise) to participate in or receive profits or income arising from the acquisition, holding, management or disposal of the property or sums paid out of such profits or income.
(2) The arrangements must be such that the persons who are to participate ("Unitholders") do not have day-to-day control over the management of the property, whether or not they have the right to be consulted or to give directions.
(3) The arrangements must also have both of the following characteristics —
(a) the contributions of the Unitholders and the profits or income out of which payments are to be made to them are pooled; and
(b) the property is managed as a whole by or on behalf of the Fund Manager.
(4) If arrangements provide for such pooling as is mentioned in subsection (3)(a) in relation to separate parts of the property, the arrangements are not to be regarded as constituting a single Collective Investment Fund unless the Unitholders are entitled to exchange rights in one part for rights in another.
(5) The Regulator may by Rules provide that arrangements do not amount to a Collective Investment Fund —
(a) in specified circumstances; or
(b) if the arrangements fall within a specified category of arrangement.
|Amended on (13 January, 2020).|