Singapore legislation

Section 51

of Business Trusts Act 2004

Section 51

Voluntary deregistration by trustee‑manager

Amended by4/2017

(1)

The trustee‑manager of a registered business trust may apply to the Authority to deregister the registered business trust with the Authority, if —

(a)

the deregistration of the registered business trust is approved by unitholders holding in aggregate at least three-fourths of the voting rights of all the unitholders of the registered business trust, who, being entitled to do so, vote in person or, where proxies are allowed, by proxy on a poll at a general meeting of which at least 21 days’ written notice specifying the intention to propose the resolution to deregister the registered business trust has been duly given; and

(b)

the resolution has not been voted against by unitholders holding in aggregate 10% or more of the voting rights of all the unitholders of the registered business trust who, being entitled to do so, vote in person or, where proxies are allowed, by proxy on a poll.

(2)

Where the Authority is satisfied that an application to deregister a registered business trust is in compliance with subsection (1) and the directors of the trustee‑manager of the registered business trust have made a statutory declaration declaring that units in the business trust —

(a)

are no longer held by any person other than —

(i)

a person who acquired units or derivatives of units in the business trust pursuant to an offer made in reliance on an exemption under section 274 of the Securities and Futures Act 2001;

(ii)

a person who acquired the units or derivatives of units in the business trust pursuant to an offer mentioned in section 275(1A) of that Act; or

(iii)

a relevant person as defined under section 275(2) of that Act; or

(b)

are held by no more than 2 persons,the Authority may deregister the registered business trust and, upon the deregistration, the Authority must give notice of the deregistration of the registered business trust in the Gazette.

Amended by4/2017

(3)

The Authority must notify the trustee‑manager of a registered business trust of the deregistration of the registered business trust.