Legal Disclosures


Regulation and Compliance

Element Investment Managers is a licensed financial services provider and our business is regulated by the Financial Services Board (FSB).

Element Investment Managers is committed to the Treating Customers Fairly (“TCF”). For further information on the TCF outcomes, please contact us directly.

Governing Law

Financial Advisory and Intermediary Services Act, No 37 of 2002 (“FAIS”)

Element Investment Managers is an authorised financial services provider in terms of the Financial Advisory and Intermediary Services Act No. 37 of 2002 (FAIS). FSP number 663. (Category II)

Collective Investments Scheme Control Act, no 45 of 2002 (“CISCA”)

Element Investment Managers offers a range of domestic unit trust portfolios to meet the investment needs of its investors. On 8th July 2017 Element Unit Trust Funds entered into a co-naming agreement with Sanlam Collective Investments (RF) Pty Ltd (“SCI”). Following this amalgamation, Element Investment Managers will remain the investment manager of the underlying funds and there will be no changes to the underlying Unit Trust portfolios, nor any impact on the manner in which the funds are managed. However, the administrative and operational aspects of investing with Element will be handled by SCI. SCI is a registered and approved Manager in Collective Investment Schemes in Securities and the Sanlam Group is a full member of the Association for Savings & Investment SA.

Financial Intelligence Centre Act, no 38 of 2001 (“FICA”)

As an accountable institution, we are required to comply with FICA and other anti-money laundering legislation such Protection of Constitutional Democracy Against Terrorist and Related Activities Act, No 33 of 2004 (“POCDATARA”). FICA requires us to establish and verify the identities of our client according to the ‘Know Your Client’ provision of the Act, prior to transacting. In addition, FICA requires any suspicious transactions to be reported to the Financial Intelligence Centre.

Securities Services Act, No 36 of 2004 (“SSA”)

The Securities Services Act replaced the Stock Exchanges Control Act, 1985, the Financial Markets Control Act, 1989, the Custody and Administration of Securities Act, 1992 and the Insider Trading Act, 1998. Apart from consolidating the above Acts, it also strives to maintain a healthy balance between investor protection and the enhancement of international competitiveness of securities services in South Africa.

Promotion of Access to Information Act, no 2 of 2000

As per Section 51 of The Promotion of Access to Information Act No. 2 of 2000, please contact us directly regarding the procedures to be followed in requesting further information from us (for the purpose of exercising or protecting rights).

Corporate Governance

In terms of good corporate governance and in addition to complying with our primary legislation, Element Investment Managers adheres to the following internal policies:

  • Code of Conduct
  • Code of Ethics
  • Complaints handling and resolution
  • Conflicts of Interest Management Policy
  • Communication
  • Gifting – both receiving and giving
  • Insider Trading
  • Personal Account Trading

Our compliance team is responsible for monitoring the following:

  • Regulation compliance
  • Mandate compliance
  • Pre-trade and post-trade compliance
  • Policy compliance
  • Business Continuity
  • Risk Management

Disclaimer

Element Investment Managers has, and will continue to take reasonable care to ensure that all information, in so far as this is under its control, provided on this website is true and correct.

Element Investment Managers shall not be responsible for, and therefore disclaims any liability for, any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this website.

There is no warranty of any kind, expressed or implied, regarding the information or any aspect of this service. Any warranty implied by law is hereby excluded except to the extent such exclusion would be unlawful.

Links to other sites
Our website may contain links to other sites. Please be aware that Element Investment Managers is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

CONFLICT OF INTEREST MANAGEMENT POLICY

Element Investment Managers (Pty) Ltd has adopted and implemented a Conflict of Interest Management policy that complies with the provisions of the FAIS Act.

The Conflict of Interest Management policy is published on our website, click here to read it.  You can also email info@elementim.co.za to obtain a copy of it.

COMPLAINTS PROCEDURE

Should you wish to pursue a complaint against a key individual or representative of Element Investment Managers (Pty) Ltd, you should address the complaint in writing to us at info@elementim.co.za.

If you cannot settle your complaint with us, you are entitled to refer it to the Office of the FAIS Ombud, at info@faisombud.co.za or telephone number 0860 324 766.  The Ombud has been created to provide you with a redress mechanism for any inappropriate financial advice that you feel may have been given to you by a financial advisor.

TCF POLICY

Our Treating Customers Fairly policy is centred around the guidelines provided by the Financial Services Board to ensure we consistently deliver fair outcomes to our clients and take responsibility for the business and staff providing an enhanced service quality to clients, based on a culture of openness and transparency. As a business, we take the requirements of the FSCA seriously, in particular, the requirement to treat customers fairly.

PRIVACY POLICY

Element Investment Managers (Pty) Ltd is committed to maintaining the privacy and security of its customers’ personal and private information.  Our privacy policy outlines our practices and commitment to the customer and can be read here.

PAIA MANUAL

This information manual provides an outline of the types of records held by Element Investment Managers (Pty) Ltd and explains how one may submit requests for access to these records in terms of the Promotion of Access to Information Act, 2 of 2000 (“the Act”).  It can be read here.