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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

20. Prime Broker

 

(1) A manager may only appoint a prime broker, that is—
(a) an authorised user that has been admitted as an equity member under the exchange rules defined in the Financial Markets Act; or
(b) a bank.

 

(2) A manager must act with due skill, care and diligence when appointing a prime broker, and only appoint a prime broker that—
(a) is financially sound at all times; and
(b) has the necessary organisational structure appropriate for the services to be provided to the portfolio.

 

(3) A manager must ensure that it is conversant with all counterparty and prime broker legal agreements, including re-hypothecation arrangements.