Regulation and Compliance
Element Investment Managers is a licensed financial services provider and our business is regulated by the Financial Services Board (FSB).
Governing Law
- Financial Advisory and Intermediary Services Act, No 37 of 2002 ("FAIS")
Element Investment Managers is an authorised financial services provider in terms of the Financial Advisory and Intermediary Services Act No. 37 of 2002 (FAIS). FSP number 663. (Category II and IIA)
- Pension Funds Act, No 24 of 1956
Element Investment Managers is an approved pension fund administrator in terms of Section 13B of the Pension Funds Act. Our registration number is 24/259.
- Collective Investments Scheme Control Act, no 45 of 2002 ("CISCA")
Element Investment Managers offers a range of domestic unit trust portfolios to meet the investment needs of its investors. Element Unit Trusts Limited is an FSB approved manager.
- Financial Intelligence Centre Act, no 38 of 2001 ("FICA")
As an accountable institution, we are required to comply with FICA and other anti-money laundering legislation such Protection of Constitutional Democracy Against Terrorist and Related Activities Act, No 33 of 2004 ("POCDATARA"). FICA requires us to establish and verify the identities of our client according to the ‘Know Your Client' provision of the Act, prior to transacting. In addition, FICA requires any suspicious transactions to be reported to the Financial Intelligence Centre.
- Securities Services Act, No 36 of 2004 ("SSA")
The Securities Services Act replaced the Stock Exchanges Control Act, 1985, the Financial Markets Control Act, 1989, the Custody and Administration of Securities Act, 1992 and the Insider Trading Act, 1998. Apart from consolidating the above Acts, it also strives to maintain a healthy balance between investor protection and the enhancement of international competitiveness of securities services in South Africa.
Section 51 of The Promotion of Access to Information Act No. 2 of 2000 requires that we, as a private body, compile a manual giving information to the public regarding the procedure to be followed in requesting information from us for the purpose of exercising or protecting rights. Please download our PAIA manual here.
Corporate Governance
In terms of good corporate governance and in addition to complying with our primary legislation, Element Investment Managers adheres to the following internal policies:
- Code of Conduct
- Code of Ethics
- Conflicts of Interest
- Personal Account Trading
- Insider Trading
- Gifting - both receiving and giving
- Complaints
- Communication
Our internal compliance team is responsible for monitoring the following:
- Regulation compliance
- Mandate compliance
- Pre-trade and post-trade compliance
- Policy compliance
- Business Continuity
- Risk Management
Element Investment Managers has outsourced its compliance to Richard Rattue of Compli-Serve SA (Pty) Ltd. Compli-Serve ensures overall compliance in terms of our primary legislation and keeps Element Investment Managers abreast of legislative changes.
Institutional Administration
Our institutional administration is outsourced to Maitland Fund Services.
Retail Administration
Our retail administration is outsourced to Silica Financial Administration Solutions (Pty) Limited.
