Article 4 |
To raise money, initially or additionally, for the securities investment trust fund, the securities investment trust enterprise shall file an application with the Securities and Futures Commission (SFC) for approval. Such an application must be supported by the following documents:
- an offering plan or additional offering plan (as per attachment);
- the securities investment trust agreement;
- a prospectus for public offer (foreign offering and additional offering exempted);
- resolution of the board of directors approving of offering or additional offering of the securities investment trust fund;
- documents evidencing that the manager of the securities investment trust fund fulfills the qualifications set forth in the Rules for Administration of Securities Investment Trust Enterprises;
- declaration by the fund custodian institution that it does not have any of the conditions specified in Article 17;
- Approval letter of the competent authority for foreign exchange for foreign offering or additional offering of securities investment trust fund;
- Securities investment trust fund report completed by the securities investment trust enterprise and approved by an expert;
- other attachments as required by the SFC.
The SFC shall review the documents supplied by the securities investment trust enterprise, and if no abnormalities are found, the SFC shall approve the application within 30 days of receiving it or receiving the amendments thereto. The above shall not be applicable where an application for offering or additional offering of securities investment trust fund involves foreign exchange matters, or the scope of the investment and terms of issuance are different from the currently issued securities investment trust fund, or where the SFC believes it is necessary to protect the rights of the public.
To raise money, initially or additionally, for the securities investment trust fund, the securities investment trust enterprise shall file an application with the Securities and Futures Commission (SFC) for approval. Such an application must be supported by the following documents:
- an offering plan or additional offering plan (as per attachment);
- the securities investment trust agreement;
- a prospectus for public offer (foreign offering and additional offering exempted);
- resolution of the board of directors approving of offering or additional offering of the securities investment trust fund;
- documents evidencing that the manager of the securities investment trust fund fulfills the qualifications set forth in the Rules for Administration of Securities Investment Trust Enterprises;
- declaration by the fund custodian institution that it does not have any of the conditions specified in Article 17;
- Approval letter of the competent authority for foreign exchange for foreign offering or additional offering of securities investment trust fund;
- Securities investment trust fund report completed by the securities investment trust enterprise and approved by an expert;
- other attachments as required by the SFC.
The SFC shall review the documents supplied by the securities investment trust enterprise, and if no abnormalities are found, the SFC shall approve the application within 30 days of receiving it or receiving the amendments thereto. The above shall not be applicable where an application for offering or additional offering of securities investment trust fund involves foreign exchange matters, or the scope of the investment and terms of issuance are different from the currently issued securities investment trust fund, or where the SFC believes it is necessary to protect the rights of the public.
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Article 5 |
The securities investment trust agreement shall include the following items:
- The name and address of the securities investment trust enterprise and the fund custodian institution.
- The name and term of the securities investment trust fund.
- The securities investment trust fund's total face issued amount, total number of beneficiary units, and whether there can be additional issuance.
- The date of issuance of beneficiary certificates, and the dollar amount and fee for purchasing each unit of beneficiary certificates.
- The duties and responsibilities of the fund custodian institution.
- The basic principles and scope for investing the securities investment trust fund in securities and transactions in securities-related products.
- The categories, time, and payment method for dividend distribution from the securities investment trust fund investments.
- Where the beneficiary requests redemption of the beneficiary certificate, the procedure, time, place, method for calculating the redemption price and redemption fee, and the time and method for the securities investment trust enterprise to pay the redemption price.
- The items for which the securities investment trust fund are responsible for paying the fees and their calculation method, payment method, and payment time.
- The method for calculating the securities investment trust enterprise and the fund custodian institution's remuneration and the time and method of payment.
- The method for calculating the securities investment trust fund's net asset value.
- The method for calculating and publicly announcing the beneficiary units' net asset value.
- Events for terminating the securities investment trust agreement, the termination procedure, and items to be handled after termination.
- After the securities investment trust fund is no longer in existence, the fund's liquidation method and calculation method, payment method, and payment time for beneficiary request for return amount.
- Other items required by the SFC.
The upper limit for calculation of the fees and remuneration referred to in Items 4, 8, 9, and 10 of the preceding Paragraph shall be set by the SFC.
The Securities Investment Trust Association may establish a standardized agreement for the securities investment trust contract, and report to the SFC for approval. |
Article 6 |
For securities investment trust enterprises investing ROC raised securities investment trust funds in foreign securities, the categories and scope of investment shall be set by the SFC.
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Article 7 |
A securities investment trust enterprise's application for raising, initially or additionally, securities investment trust fund may be rejected by the SFC if there is any of the following conditions:
- where the items to be applied for violate laws or regulations such that the issuance or additional issuance of the securities investment trust fund is affected;
- upon the SFC revoking or rejecting the approval, or the applicant withdraws the application, within three months of receiving notice from the SFC to such effect, another application is made for issuance or additional issuance of securities investment trust fund;
- application has been made to the SFC but approval is still pending; provided that the above shall not be applicable in case the period specified in Paragraph 2 of Article 4 has expired and no approval has been given;
- in examining the application documents submitted by the securities investment trust enterprise, there are objective facts to show that the plan cannot be accomplished;
- the material contents of the plan of the current issuance or additional issuance of the securities investment trust fund have not be listed as an agenda for discussion by the board of directors and have not be approved;
- the application documents submitted by the securities investment trust enterprise are incomplete or the information provided is not adequate, and upon notice by the SFC to correct such defect, no correction is made within the allotted time;
- the financial reports of the securities investment trust enterprise or the securities investment trust fund managed by it were not made in accordance with relevant laws and regulations, or generally accepted accounting principles, and the violation is serious;
- the accounting system, internal control or internal auditing processes of the securities investment trust enterprise has not been effectively implemented;
- the net worth of the securities investment trust fund for the most recent year is lower than its par value; provided that the above shall not be applicable in case the enterprise has not obtained the securities investment trust enterprise license for two full accounting years;
- upon order by the SFC in accordance with the Rules for Administration of Securities Investment Trust Enterprises that application for issuance securities investment trust fund is no longer accepted, the time specified has not expired;
- the securities investment trust enterprise violates securities laws or regulations or breaches the securities investment trust agreement, and the violation is of a serious nature;
- where the SFC believes it is necessary to protect the public interest.
A securities investment trust enterprise's application for raising, initially or additionally, securities investment trust fund may be rejected by the SFC if there is any of the following conditions:
- where the items to be applied for violate laws or regulations such that the issuance or additional issuance of the securities investment trust fund is affected;
- upon the SFC revoking or rejecting the approval, or the applicant withdraws the application, within three months of receiving notice from the SFC to such effect, another application is made for issuance or additional issuance of securities investment trust fund;
- application has been made to the SFC but approval is still pending; provided that the above shall not be applicable in case the period specified in Paragraph 2 of Article 4 has expired and no approval has been given;
- in examining the application documents submitted by the securities investment trust enterprise, there are objective facts to show that the plan cannot be accomplished;
- the material contents of the plan of the current issuance or additional issuance of the securities investment trust fund have not be listed as an agenda for discussion by the board of directors and have not be approved;
- the application documents submitted by the securities investment trust enterprise are incomplete or the information provided is not adequate, and upon notice by the SFC to correct such defect, no correction is made within the allotted time;
- the financial reports of the securities investment trust enterprise or the securities investment trust fund managed by it were not made in accordance with relevant laws and regulations, or generally accepted accounting principles, and the violation is serious;
- the accounting system, internal control or internal auditing processes of the securities investment trust enterprise has not been effectively implemented;
- the net worth of the securities investment trust fund for the most recent year is lower than its par value; provided that the above shall not be applicable in case the enterprise has not obtained the securities investment trust enterprise license for two full accounting years;
- upon order by the SFC in accordance with the Rules for Administration of Securities Investment Trust Enterprises that application for issuance securities investment trust fund is no longer accepted, the time specified has not expired;
- the securities investment trust enterprise violates securities laws or regulations or breaches the securities investment trust agreement, and the violation is of a serious nature;
- where the SFC believes it is necessary to protect the public interest.
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Article 8 |
Securities investment trust enterprises which had their application for issuance or additional issuance of securities investment trust fund approved shall commence issuance within three months of receiving the approval notice, unless otherwise provided by law. With valid reasons, before the expiration of the period, it may apply to the SFC for extension. The extension shall not be longer than 3 months and shall be limited to once.
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Article 9 |
Upon approval of a securities investment trust enterprise's application for issuance or additional issuance of securities investment trust funds, if the SFC discovers any of the following conditions, it may revoke the approval:
- commencing from the date the approval letter has been received, the period specified in Article 8 has expired;
- violation of Article 20 of the Securities and Exchange Law;
- an event with material impact to the rights of the investor occurs to the securities investment trust enterprise, and within two days of the occurrence of the event, a public announcement (with copies to the relevant securities authorities) has not been made in accordance with the Rules for Administration of Securities Investment Trust Enterprises;
- other violations of these Regulations or any other restrictions and prohibitions imposed by the SFC at the time of granting the approval.
Securities investment trust enterprises which have their approval revoked shall process matters in accordance with the securities investment trust agreement.
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