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  • Chapter 1: Collective Investment Funds

    • 11. Arrangements Constituting a Collective Investment Fund

      (1) A Collective Investment Fund ("Fund") is, subject to Article 12, any arrangements with respect to property of any description, including money, where:
      (a) the purpose or effect of the arrangements 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;
      (b) the arrangements must be such that the persons who are to participate ("Unitholders") in the arrangements 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; and
      (c) the arrangements have either or both of the following characteristics:
      (i) the contributions of the Unitholders and the profits or income out of which payments are to be made to them are pooled; or
      (ii) the property is managed as a whole by or on behalf of the Fund Manager.
      (2) If the arrangements provide for such pooling as is mentioned in Article 11(1)(c)(i) in relation to separate parts of the property, the arrangement is not to be regarded as constituting a single Fund unless the Unitholders are entitled to exchange rights in one part for rights in another.

    • 12. Arrangements not Constituting a Collective Investment Fund

      The DFSA may, by Rules, specify when arrangements or types of arrangements that meet the definition of a Fund in Article 11(1) do not constitute a Fund.