AFSA NOTICE № AFSA-O-EC-2025-0046 from 26 February 2025 on the waiver confirmation
THE REGISTRAR OF COMPANIES OF THE ASTANA FINANCIAL SERVICES AUTHORITY HEREBY GIVES NOTICE THAT:
Section 6.3.3(b) of the AIFC Companies Rules is not applied Teniz Capital U.S. Treasury Leverage Fund OEIC Ltd. as specified in the right-hand column of Table A under the certain conditions set by this written notice.
Table A. Waived AIFC Act
Reference to the relevant Acts |
Waived Rule/Regulation |
AIFC Companies Rules, Part 6, section 6.3, Sub-Section 6.3.3 (b)
|
6.3.3. However, a Company must not be incorporated as an Investment Company, an existing Company must not be converted into an Investment Company, and a Company must not operate an Investment Company, unless:
(b) the AFSA has given its prior Written consent.
|
CONDITION
Reaching the threshold of 15 Clients does not require the registration of a new Exempt Fund. An incorporated fund may continue its operations but can onboard additional Clients only after obtaining the AFSA's Written consent.
DISCLAIMER
The requirements outlined in Clause 4.7 of the AIFC CIS Rules (Requirements for notification) and Schedule 9 of the AIFC Fees Rules (fees for providing notification for an Exempt Fund) remain mandatory for fund managers.
Please note that the AFSA assumes no responsibility for the fund's operation, or any actions taken by the fund manager. The fund manager is solely responsible for compliance and regulation associated with the fund's operation.
However, the constitution and offering materials of funds must comply with the AIFC regulations and rules, including, but not limited to:
× AIFC Financial Services Framework Regulations
× AIFC General Rules
× AIFC Conduct of Business Rules
× AIFC Collective Investment Scheme Rules
× AIFC Market Rules
× AIFC Companies Rules
× AIFC Companies Regulations
× AIFC Anti-Money Laundering, Counter-Terrorist Financing and Sanctions Rules
× AIFC Prudential Rules for Investment Firms
EFFECTIVE PERIOD
This notice comes into effect on the date of publishing and remains in force until further notice.
INTERPRETATION
THIS NOTICE IS ISSUED PURSUANT TO SECTION 195 OF THE AIFC COMPANIES REGULATIONS BY THE REGISTRAR OF COMPANIES