INVESTMENT MANAGEMENT PRACTICE AREA
The Investment Management Practice (“IMP”) is part of Bowman Gilfillan’s Banking, Insurance and Financial Services Group. The IMP provides advice to domestic and international clients on the legal aspects of investment management.
By investment management we mean the professional management of various securities (shares, bonds etc), assets (e.g. real estate) to meet specified investment goals for the benefit of investors. Sometimes investment management is used interchangeably with asset management. However, asset management is often used to refer to the management of collective investments. Read more...
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The IMP has expertise focusing on investment funds and structures, covering various types of investment funds (e.g. different types of collective investment schemes; hedge funds; regulated and structured funds and private equity funds). Read more...
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Offshore investment structures: Do your due dilegence before making an investment |
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By Masego Mosetlhi and Berna Oluka |
On 11 March 2009, in mCubed International (Pty) Ltd and another v Leon John Singer and others (Case number 118/08-11 March 2009) the Supreme Court of Appeal (“SCA”) delivered a judgment which highlights the importance for investors to diligently examine both the nature and the terms and conditions of any investment structure before making an investment. Read more...
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Deliberate manupalation of securities prices will be harshly penalised
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By Francisco Khoza |
On 17 February 2009 the Financial Services Appeal Board (the “Appeal Board”), in the case of Michael Berman vs the Financial Services Board, confirmed that deliberate manipulation of securities prices will be harshly penalised. Read more...
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Approval of foreign collective investment schemes and adopting UCITS III Extended investment powers
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By Masego Mosetlhi |
The purpose of this note is to summarise points to consider when: (a) a foreign collective investment scheme (“FCIS”) wants to conduct business in South Africa: and (b) an EU domiciled FCIS, doing business in South Africa, wants to adopt the extended investment powers under the Undertaking for Collective Investment in Transferable Securities, adopted in December 2001 (“UCITS III”). Read more...
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Asset managers and the new fit and proper requirements
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By Francisco Khoza |
The Financial Services Board (“FSB”) issued a new determination regarding fit and proper requirements for financial services providers (the “Determination”). The Determination came into effect on 31 December 2008 and replaces the previous determination of fit and proper requirements. The Determination can be found on the FSB website at http://www.fsb.co.za. Read more...
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