Section 203
of Securities Markets Order, 2013
Section 203
(a)
the persons who are to participate ("participants") 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;
(b)
the arrangements must also have either or both of the following characteristics -
(i)
the contributions of the participants and the profits or income out of which payments are to be made to them are pooled;
(ii)
the property is managed as a whole, by or on behalf of the operator of the collective investment scheme; and
(c)
the arrangements must satisfy the condition set out in subsection (3).
(3)
The condition referred to in subsection (2)(b) is that the property belongs beneficially to, and is managed by or on behalf of, a company, the trustee of a trust or some other entity or arrangement having as its purpose the investment of its funds with the aim of spreading the investment risk and giving its members the benefit of the results of the management of those funds for or on behalf of that company, trust, entity or arrangement.
(4)
If the arrangements referred to in subsection (2)(b)(i) provide for such pooling in relation to separate parts of the property, and each part is maintained in a portfolio segregated in the book of the scheme from the other assets of the scheme, the arrangements shall be regarded as constituting a single umbrella collective investment scheme provided that the participants are entitled to exchange rights in one part for rights in another.
Operating without licence.