Risk Management and Compliance

Regulation and Compliance

Element Investment Managers is a licensed financial services provider and our business is regulated by the Financial Services Board (FSB).

Element Investment Managers is committed to the Treating Customers Fairly (“TCF”). For further information on the TCF outcomes, please contact us directly.

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)

  • 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. On 8th July 2017 Element Unit Trust Funds entered into a co-naming agreement with Sanlam Collective Investments (RF) Pty Ltd (“SCI”). Following this amalgamation, Element Investment Managers will remain the investment manager of the underlying funds and there will be no changes to the underlying Unit Trust portfolios, nor any impact on the manner in which the funds are managed. However, the administrative and operational aspects of investing with Element will be handled by SCI. SCI is a registered and approved Manager in Collective Investment Schemes in Securities and the Sanlam Group is a full member of the Association for Savings & Investment SA.

  • 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.

  • Promotion of Access to Information Act, no 2 of 2000

As per Section 51 of The Promotion of Access to Information Act No. 2 of 2000, please contact us directly regarding the procedures to be followed in requesting further information from us (for the purpose of exercising or protecting rights). 

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:

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.

 
 

WE WERE THE FIRST SOUTH AFRICAN INVESTMENT MANAGER TO SIGN THE UNITED NATIONS PRINCIPLES FOR RESPONSIBLE INVESTMENT

WE ARE COMMITTED TO THE CODE FOR RESPONSIBLE INVESTING IN SOUTH AFRICA