Frequently Asked Questions
Frequently Asked Questions
Personalised securitisation solutions refer to customized financial structures where specific assets (like loans or receivables) are pooled and converted into tradable securities tailored to meet the unique needs of an investor or institution. These solutions are designed to align with specific risk, return, regulatory, or accounting requirements.
An Actively Managed Certificate (AMC) is a structured financial product that allows investors to gain exposure to a dynamic portfolio of assets, which is actively managed by an investment manager. Unlike passive products, the underlying portfolio of an AMC can be adjusted regularly to reflect market opportunities or strategy changes.
A Protected Cell Company (PCC) is a corporate structure where assets and liabilities are legally separated into distinct "cells" within the same company. Each cell is protected from the liabilities of the others, allowing for risk isolation and flexibility, often used in insurance, investment funds, and structured finance.
Control Foreign Company rules are defined in section 9D of the Income Tax Act. The rules seek to tax foreign companies that are held (>50%), controlled (Board of directors or shareholders), or controlled for financial reporting purposes by South Africans.
CFC are passive tax rules that could lead to negative taxes in South Africa, even though the South African investor would most likely not have received cash proceeds to settle the SA taxes.
The SA holder must comply with the SARS tax reporting, tax liabilities, and in regulated Financial institutions cases (i.e. Banks, hedge funds etc.) other regulations such as Exchange Control would also apply.
Further consideration includes the auditing, control, and management, transfer pricing of the foreign CFC which should be based offshore (where the CFC is incorporated)
Accordingly, it is strongly recommended that clients obtain tax advice prior to entering into a foreign AMC structure/investment.
Current complications with trusts include:
- The cost to maintain the trust
- The compliance burden
- The KYC requirements to ensure the trust is compliant etc.
The Orpheus AMC is a certificate which would hold the investment portfolio. Therefore, the ultimate owner of the AMC may still be the trust, but the investment is wrapped in the AMC.
Funding of the AMC would be simplified as opposed to funding a trust to acquire investments.
Trust compliance could be reduced to holding on liquid investment, i.e. the AMC
Asset Owners can access their investors directly without high costs. You can turn any investment idea into a bankable security.
We connect the Investor to the asset owner where one can invest through your current investment or broker channel.
We assist Fund Administrators to help clients reach various stages of growth.
