(a) An arrangement does not constitute a
Collective Investment Fund if the rights or interests of the participants in the arrangement are represented by a Debenture or Warrant:
(i) where the issuer of the
Debenture or Warrant is a single issuer, and if that issuer is:
Body Corporate, it is neither an Open-ended investment company nor a Closed-ended company the intent or purpose of which is investment management as specified in CIR Rule 2.1.10; or
(B) not a
Body Corporate, the rights and interests of the Debenture or Warrant holder are guaranteed by the government of any country or territory; and
(ii) which, if it is a convertible
Security, the underlying Securities to which the Debenture or Warrant holder is entitled are Shares or Debentures issued, or to be issued, by the same issuer as the issuer of the Debenture or Warrant or single other issuer.
(b) An arrangement that does not constitute a
Collective Investment Fund by virtue of CIR Rule 2.1.11(a) does not become a Fund merely because one of the participants in the arrangement is a person:
(i) whose ordinary business involves him engaging in an activity that is a
Financial Services activity as defined in GEN chapter 2 or that would fall within an applicable exclusion from a Financial Services activity; and
(ii) whose rights or interests in the arrangement are, or include, rights or interests in a swap arrangement under which he facilitates the making of payments to participants whether in a particular amount or currency or at a particular time or rate of interest or all or any combination of those things in settlement of the rights and interests of the other participants in the arrangement.