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What is an investment?
An investment may be
defined as the purchase of an asset that produces a return proportional to
risk over some future period. The investments available for purchase are
typically financial assets, but real or tangible assets may be included
among the alternative investments. The investor can be an individual, a
government, or a corporation.
What is a capital
market?
Capital markets are a
complex of institutions and mechanisms through which funds for purposes
longer than a year are pooled and made available to businesses, government
and individuals and through which instruments already outstanding are
transferred. Because capital markets deal with the long-term investment,
they play a key role in the economy’s capital formation.
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What is a mutual fund?
Under Bahamian Law a
mutual fund is defined as a unit trust, an investment company or a
partnership that issues or has equity interests, the purpose or effect of
which is the pooling of investor funds with the aim of spreading
investment risks and enabling investors in the mutual fund to receive
profits or gains from the acquisition, holding, management or disposal of
investments.
What are the three categories of regulated
mutual funds under The Mutual Funds Act 1995?
Authorized (Registered)
Regulated
Exempt
The Authorized mutual fund
is a fund with a minimum equity interest of US$50,000 (or its equivalent
in any other currency), its equity interests are listed on a stock
exchange (or over-the-counter market) and there is filed with The
Commission the prescribed details in respect of its current offering
document or prospectus and it is registered with The Commission.
Regulated funds have an
investment of less than US$50,000 and these can be licensed either
directly by a licensed mutual fund administrator or by the Securities
Commission. Regulated mutual funds must have its principal place of
business or principal office in The Bahamas, must file its current
offering document and file an annual audited financial statement with The
Securities Commission.
Exempt mutual funds have
15 or fewer investors who have the power to remove or appoint operators of
the fund or is a fund which is already licensed in a prescribed
jurisdiction or is listed on a approve Stock Exchange. These exempt funds
are for the time being exempted from most statutory filing requirements.
Certificates are issued to Exempt Mutual Funds in this jurisdiction.
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How can I pick an
investment advisor and check their background?
When choosing an
investment advisor, it may be helpful to get a professional opinion from
your lawyer, stockbroker or accountant. Also you can perform your own
research into the company of the firm of which the advisor is a member.
Who are mutual fund
administrators?
Mutual Fund Administrators
are those involved in the management or administration of a mutual fund or
its assets. They provide the principal office of the Mutual Fund.
Administrators include those who provide an operator to the Mutual Fund.
Directors and Trustees or general partners are all operators. They provide
the administrative services of the Fund, which includes accounting,
valuation and reporting services.
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What can I do if my
advisor is not properly managing my investments?
Document all activities,
and keep a record of all transactions – details of irregular activities
and poor working methods can be acted upon swiftly, if there is sound
evidence to support the accusations. Report the advisor to the firm when he
is employed. If this is not successful, the Securities Commission can be
contacted.
Is a particular
firm/individual registered with the Commission?
A list of names of all
current and former broker-dealers, traders, facilities and associated
persons registered with the Securities Commission are kept in the Official
Register, sect 28 (1). Written requests for this information may be
submitted to the Commission.
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What are material changes that require an
Administrator to report them to the Securities commission?
As given in the Securities
Industries Act 1999 - “material change in reference to the affairs of an
issuer is a change in the ownership, operations or capital of the issuer
that would reasonably be expected to have a significant effect on the
market price or value of any of the securities of the issuer and includes
a decision to implement such a change made by the board of directors or by
senior management of the issuer who believe that confirmation of the board
of directors is probable”.
When can a Mutual fund
Administrator’s License be revoked?
An Administrator’s License
may be revoked when the holder has ceased to carry on business, when the
holder has been placed in liquidation or dissolution or is in breach of
requirements as outlined in the Mutual Fund Act/Regulations 1995.
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What documents does the
Commission upon liquidation of a fund require?
Certificate of Dissolution
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