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

Part XI : Conversion of Collective Investment Scheme

84. Issue of participatory interests to persons who were investors in former collective investment scheme

 

(1) An offer to investors holding a qualifying interest to take up a participatory interest in a collective investment scheme established by a conversion in terms of this Part must be made in writing to each individual investor, and such offer must be accompanied by a statement issued by the manager and must contain such particulars in connection with—
(a) the offer, the conversion and the collective investment scheme's profit;
(b) the scheme's business prospects;
(c) the scheme’s general state of affairs; and
(d) such other affairs of the scheme as the registrar may require.

 

(2) The provisions of the Companies Act, with respect to the issue of a prospectus or an offer of shares, do not apply to an offer referred to in subsection (1).

[Subsection 2 amended by section 232 of Act No. 45 of 2013]

 

(3) Upon a request made in writing by an investor holding a qualifying interest to a manager (except a manager of a collective investment scheme in property) to apply the proceeds of such interest for the payment of a participatory interest in a converted collective investment scheme—
(a) such qualifying interest may be redeemed immediately despite the conditions attached thereto; and
(b) such proceeds may be applied for the payment of such participatory interest.