2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

Securities (Collective Investment schemes) Regulations (Statutory Instrument 103/2001)

Statutory Instrument 103/2001 .. in force 1 August 2004 (S.I. 54/2004)

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

1.Citation
2.Interpretation

PART 2
ESTABLISHMENT OF COLLECTIVE INVESTMENT SCHEMES

3.Unit trusts
4.Investment companies

PART 3
AUTHORISATION OF COLLECTIVE INVESTMENT SCHEMES

5.Application for authorisation
6.Conditions for authorisation
7.Authorisation by Commission
8.Representations against refusal or revocation
9.Property of collective investment scheme to be held by custodian
10.Changes of management company or custodian
11.Avoidance of exclusion clauses
12.Directions by Commission
13.Investigations

PART 4
CUSTODIAN

14.Appointment of custodian
15.Eligibility to be a custodian
16.Custody of property
17.General duties of custodian
18.Instructions from management company
19.Change of address
20.Liability of custodian
21.Register of participants
22.Notification of contraventions

PART 5
MANAGEMENT COMPANIES

23.Appointment of management company
24.Eligibility to be a management company
25.Qualifications of directors
26.General duties of management company
27.Restrictions on activities of management company
28.Change of address
29.Liability of management company
30.Requests to management company and investment adviser
31.Units held by management company

PART 6
AUDIT OF COLLECTIVE INVESTMENT SCHEMES

32.Appointment and qualifications of auditor
33.Audit of accounts
34.Communication with Commission

PART 7
COLLECTIVE INVESTMENT SCHEME PARTICULARS AND
FINANCIAL REPORTS

35.Documents to be prepared and published by management companies
36.Contents of collective investment scheme particulars
37.Contents of annual and half-yearly reports
38.Publication of collective investment scheme particulars and reports

PART 8
GENERAL REQUIREMENTS

39.Publication of prices
40.Units and accumulation units
41.Payments out of and into the property of a collective investment scheme
42.Creation, etc. of units, repurchases and redemptions
43.Valuation and pricing
44.Advertising
45.Fees of custodian
46.Inclusion of performance data
47.Changes to collective investment scheme documentation
48.Transactions with connected persons
49.Meetings

PART 9
RESTRICTIONS ON INVESTMENT POWERS OF COLLECTIVE INVESTMENT SCHEMES

50.Application of this Part
51.General investment powers
52.Core requirement
53.Spread of investments
54.Government and other public securities
55.Financial futures
56.Warrants and options
57.Investment in other collective investment schemes
58.Prohibition of real estate investments
59.Restriction on lending of money
60.Restriction on lending of property other than money
61.Unlimited liability
62.Limitations on securities in which directors or officers have interests
63.Limitations on nil-paid or partly paid securities
64.Limitations on borrowing
65.Prohibition of short selling
66.Applicability of restrictions to umbrella collective investment Schemes
67.Breach of investment limits
68.Name of collective investment scheme
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6

Commencement [1 August 2004]