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The Investment Funds (Smart Fund) Rules, 2005

MINISTRY OF FINANCE

S.I. No. 97 of 2005

THE INVESTMENT FUNDS ACT

(Act No. 20 of 2003)

The Investment Funds (SMART Fund) Rules, 2005

In the exercise of powers conferred by section 5(3) of the Investment Funds Act, 2003 the Securities Commission of The Bahamas makes the following rules -

1.
These rules may be cited as the Investment Funds (SMART Fund) Rules, 2005.

Citation.

2.
In these Rules -

Interpretation.

"SFM 005" means SMART Fund Model SFM 005 as licensed under rule 3;

"financial institution" means a financial institution defined in regulation 2 of the Investment Funds Regulations, 2003;

S.I. No. 94 of 2003.

"term sheet" means the offering document of a SMART Fund that complies with the offering document requirements as provided in Schedule 1.

3.
No fund shall be licensed to operate as a SFM 005 unless -

Description of SFM 005.

(a)
the investment fund is limited to having no more than five (5) investors who hold equity interests in the fund;
(b)
each investor in the fund is a person to whom a professional fund may be offered;
(c)
the fund operates as a private investment vehicle; and
(d)
the fund has appointed an administrator, which administrator shall be a financial institution.
4.(1)
Subject to paragraph (2), the Investment Funds Act and Investment Funds Regulations, 2003 shall apply to a fund operating as a SFM 005.

Parameters and Requirements of a SFM 005.

(2)
A SFM 005 in relation to the items set out in column 1 of the table appearing in Schedule 1, shall comply with the provisions prescribed in Column 2 of that table.

No. 20 of 2003.

S.I. No. 94 of 2003.


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