The application referred to in regulation 4 shall be accompanied by the following documents-
(a)
In respect of an Investment Company with Variable Capital-
(i)
the draft instrument of incorporation which shall comply with the requirements under Part 1 of Schedule 1 to the Act and Part 2 of the Collective Investment Schemes (Investment Companies with Variable Capital) Regulations, 2004;
(ii)
prospectus containing the Information specified in Part II of Schedule 1 to the Act and Part III of the Collective Investment Schemes (Investment Companies with Variable Capital) Regulations, 2004;
(iii)
Memorandum and articles of association that allow for free transfer of shares;
(iv)
a statement of the particulars of the directors of the company;
(v)
details of the corporate name and registered or principal office of the depositary of the scheme;
(vi)
a statement of the proposed company's head office;
(viii)
two professional or business references and a letter of consent to act as an Authorised Corporate Director;
(ix)
letter of consent to act as a depository;
(x)
proof of payment of the prescribed fees in the Collective Investment Schemes (Fees) Instrument, 2016; and (xi) letter of consent to act as an auditor.
(b)
In respect of a Unit Trust Scheme- (i) the Trust Deed that complies with the requirements under Part III of Schedule 1 to the Act and Part II of the Collective Investment Schemes (Unit Trusts) Regulations,2003;
(ii)
the Scheme particulars that contains the matters specified in Part IV of Schedule 1 to the Act and Part III of the Collective Investments Schemes (Unit Trusts) Regulations, 2003;
(iii)
a statement of the corporate name and registered office of the manager or operator;
(iv)
a statement of the corporate name and registered or principal office of the trustee;
(v)
letter of consent to act as a trustee;
(vi)
letter of consent to act as a manager;
(vii)
proof of payment of the prescribed fees in the Collective Investment Schemes (Fees) Instrument, 2016; and
(viii)
letter of consent from a certified auditor. (c) In respect of a Unit Trust Manager- (i) an instrument of incorporation;
(ii)
Memorandum and articles of association; (iii) a statement of the corporate name, registered office and principal place of business; (iv) a statement of the particulars of the directors of the company; (v) the address of a place in Uganda for the service of the applicant of any notice or other document required or authorised to be served on the applicant under the Act and the Regulations; (vi) evidence of minimum net capital of Uganda Shillings two hundred million; (vii) certified audited financial statements and auditor's report for the preceding three years where applicable; (viii) a detailed statement of the applicant's assets and liabilities; (ix) notice of the place at which the register of interests in securities is to be kept; (x) proof of payment of the prescribed fees in the Collective Investment Schemes (Fees) Instrument, 2016; (xi) a bank reference; (xii) two professional or business references; (xiii) specify any other activities other than the activity in relation to the scheme which the manager proposes to be engaged in; (xiv) a statement of the individual name and address or statement of the corporate name, registered office and principal place of business of any controller of the body corporate; and (xv) a letter of consent to act as an auditor.
(d)
In respect to an Authorised Corporate Director- (i) instrument of incorporation; (ii) Memorandum and articles of association; (iii) a statement of the corporate name, registered office and principal place of business; (iv) a statement of the particulars of the directors of the company; (v) the address of a place in Uganda for the service of the applicant of any notice or other document required or authorised to be served on him or her under the Act and the Regulations; (vi) evidence of the minimum net capital of Uganda Shillings two hundred million; (vii) certified audited financial statements and auditor's report for the preceding three years where applicable; (viii) a detailed statement of the applicant's assets and liabilities; (ix) notice of the place at which the register of interests in securities is to be kept; (x) proof of payment of the prescribed fees in the Collective Investment Schemes (Fees) Instrument, 2016; (xi) a bank reference; (xii) two professional or business references; (xiii) a statement to specify any other activities other than in relation to the scheme which the Authorised Corporate Director proposes to be engaged in; (xiv) a statement of the individual name and address or statement of the corporate name, registered office and principal place of business of any controller of the body corporate; and (xv) a letter of consent to act as an auditor.
(e)
In respect of a Depositary or Trustee-
(i)
instrument of incorporation; (ii) Memorandum and articles of association; (iii) statement of assets and liabilities; (iv) a statement of the corporate name, registered office and principal place of business; (v) a statement of the particulars of the directors of the company; (vi) audited financial statements and auditor's report for the preceding three years; (vii) a certificate of no objection from its regulatory body; (viii) the address of a place in Uganda for the service of the applicant of any notice or other document required or authorised to be served on him or her under the Act and the Regulations; (ix) a bank reference; (x) two professional or business references; (xi) a statement of the individual name and address or statement of the corporate name, registered office and principal place of business of any controller of the body corporate; and (xii) proof of payment of the prescribed fees in the Collective Investment Schemes (Fees) Instrument, 2016.
6. Eligibility to make application An application for licensing under regulation 4 shall be made by a body corporate except that in the case of an application to be licenced as a trustee or depositary shall be made by a financial institution as defined in the Financial Institutions Act or an insurance company as defined in the Insurance Act.
