Wouldnt this then exclude all unit trusts and mutual funds? (especially #2)
From the CIS Act (also posted on PSG's website)
“collective investment scheme” means a scheme,
in whatever form, including an open-ended investment company,
in pursuance of which members of the public are invited
or permitted to invest money or other assets in a portfolio,
and in terms of which-
(a)
two or more investors contribute money or other assets to
and hold a participatory interest in a portfolio of
the scheme through shares, units or any other form
of participatory interest;
and
(b)
the investors share the risk and the benefit of investment
in proportion to their participatory interest in a portfolio
of a scheme or on any other basis
http://www.fanews.co.za/documents/coll_inv_schemes_control_act_452002.pdf