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Title The Securities Investment Trust & Consulting Association Guidelines Governing Items to be Contained in the Information Cooperation Agreement of Offshore Funds CH
Date 2005.10.03 ( PROMULGATED )

Article Content

1     These Guidelines have been promulgated in accordance with Paragraph 2, Article 4 of the Rules Governing Offshore Funds. The securities investment consulting enterprise engaging in the investment consulting business of the offshore funds, unless it is acting as a sales agent, must sign an information cooperation agreement with the general agent.
2     The information cooperation agreement to be entered into between the securities investment consulting enterprise and general agent shall contain the following items:
  1. The names and business addresses of the securities investment consulting enterprise and the general agent;

  2. The rights, obligations, and legal responsibilities of the securities investment consulting enterprise and the general agent;

  3. The method and scope that the general agent will provide information services;

  4. The amount and method by which the securities investment consulting enterprise makes payments;

  5. The confidentiality responsibility of the securities investment consulting enterprise when being informed of the general agent's trade secrets;

  6. The scope of utilization of relevant documents and electronic information obtained from the general agent by the securities investment consulting enterprise should be stated. Without the general agent's consent, the documents and information may not be forwarded to any third party who is not a counterparty of the consulting service;

  7. The general agent will be held liable for loss and damage of the securities investment consulting enterprise or investors as a result of provision of incorrect information by the general agent;

  8. The amendments to, or termination of the agreement;

  9. The commencement date and duration of the agreement;

  10. The dispute resolution and jurisdiction; and

  11. Any other matters which might have an impact on the investor's rights and are required to be recorded by the Financial Supervisory Commission.
3     These Guidelines will take effect after they have been approved by the board of this Association and approved by the Financial Supervisory Commission. Any amendments thereafter must be handled in the same manner.
    (The English translation has been provided by courtesy of Lexcel Partners, Attorneys-at-Law at the engagement by the Securities Investment Trust and Consulting Association.)
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