SEC NIGERIA PROPOSES NEW AMENDMENTS TO ITS RULES
The Security and Exchange Commission of Nigeria (SEC NIGERIA) today August 22, 2017 published proposed new set of rules or changes to existing rules and regulations to which stakeholders are expected to respond to within two weeks.
The new rules and regulations affect specialised funds and schemes; investment advisory services; Nominee accounts; Demutualisation of securities exchange in Nigeria; portfolio and fund management; book building and the commision's code of corporate governance.
For example, the new rules and regulations on specialised funds cover eligibility, primarily, says SEC, "To expand the investment universe of specialised funds /schemes and distinguish them from traditional mutual funds by allowing for selection/inclusion of riskier assets and providing for diversification across a broader spectrum .."
It provides for foreign market due diligence review report to be undertaken by fund managers where appropriate showing risk and return profile of the proposed fund, of its issued and the fund managers risk management strategy.
It also defines to whom such fund schemes should be offered, says they can not be sold publicly but may be through registered over the counter (OTC) exchanges.
The new rules also touch on disclosure requirements about such funds including borrowing limits and duties and responsibilities of the fund managers.
The new rules on advisory services cover attitude to code of ethics for investment advisers and capital market operators; fiduciary duties to clients, disclosure to clients; records to be kept and minimum qualification needed to be the representative of a registered investment adviser.
All investment advisers are, of course, to be registered by SEC except insurance companies registered to advice or promote insurance products; except too pension advisers duly registered to deal in pension products and except "persons giving general comments in good faith in regard to trends in the financial securities market and economic situation where such comments do not specify any particular securities or investment product".
The new rules also clarifies who a retail investor is as against institutional investors and High networth investors.
The suggested change to the code of corporate governance deletes provision for SEC notification to defaulting companies pointing out remedies for default. SEC believes that provision is not necessary since the code is mandatory and noncompliance attracts sanctions.
Stakeholders arulessownload the proposed rules and regulations , divest then respond to them within two weeks through email rulescommittee@sec.gov.ng or through the Director General of SEC.
The new rules and regulations affect specialised funds and schemes; investment advisory services; Nominee accounts; Demutualisation of securities exchange in Nigeria; portfolio and fund management; book building and the commision's code of corporate governance.
For example, the new rules and regulations on specialised funds cover eligibility, primarily, says SEC, "To expand the investment universe of specialised funds /schemes and distinguish them from traditional mutual funds by allowing for selection/inclusion of riskier assets and providing for diversification across a broader spectrum .."
It provides for foreign market due diligence review report to be undertaken by fund managers where appropriate showing risk and return profile of the proposed fund, of its issued and the fund managers risk management strategy.
It also defines to whom such fund schemes should be offered, says they can not be sold publicly but may be through registered over the counter (OTC) exchanges.
The new rules also touch on disclosure requirements about such funds including borrowing limits and duties and responsibilities of the fund managers.
The new rules on advisory services cover attitude to code of ethics for investment advisers and capital market operators; fiduciary duties to clients, disclosure to clients; records to be kept and minimum qualification needed to be the representative of a registered investment adviser.
All investment advisers are, of course, to be registered by SEC except insurance companies registered to advice or promote insurance products; except too pension advisers duly registered to deal in pension products and except "persons giving general comments in good faith in regard to trends in the financial securities market and economic situation where such comments do not specify any particular securities or investment product".
The new rules also clarifies who a retail investor is as against institutional investors and High networth investors.
The suggested change to the code of corporate governance deletes provision for SEC notification to defaulting companies pointing out remedies for default. SEC believes that provision is not necessary since the code is mandatory and noncompliance attracts sanctions.
Stakeholders arulessownload the proposed rules and regulations , divest then respond to them within two weeks through email rulescommittee@sec.gov.ng or through the Director General of SEC.
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