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14. Supplementary document and replacement document

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Amended

Last amended by an amending law of 2018.

(1)

The supplementary document or replacement document to be lodged with the Authority under section 298 of the Act shall be signed —

(a)

if the person making the offer of units in a collective investment scheme is the responsible person for the scheme, by every director or equivalent person of the responsible person and every person who is named therein as a proposed director or an equivalent person of the responsible person; and

(b)

if the person making the offer of units in a collective investment scheme is not the responsible person for the scheme —

(i)

in the case where the responsible person is controlled by —

(A)

the person making the offer;

(B)

one or more of the related parties of the person making the offer; or

(C)

the person making the offer and one or more of his related parties,by the persons mentioned in paragraph (1A); or

(ii)

in any other case —

(A)

if the person making the offer is an entity, by every director or equivalent person of that entity; or

(B)

if the person making the offer is an individual, by the individual or a person authorised by the individual in writing.

(1A)

For the purposes of paragraph (1)(b)(i), the persons are —

(a)

every director or equivalent person of the responsible person and every person who is named in the supplementary document or replacement document to be lodged with the Authority as a proposed director or an equivalent person of the responsible person; and

(b)

if —

(i)

the person making the offer is an entity, by every director or equivalent person of that entity; or

(ii)

the person making the offer is an individual, by the individual or a person authorised by the individual in writing.

(2)

A requirement under paragraph (1), read with paragraph (1A), for the supplementary document or replacement document to be signed by a director or an equivalent person is satisfied if the supplementary document or replacement document is signed —

(a)

by that director or equivalent person; or

(b)

by a person who is authorised in writing by that director or equivalent person to sign on his behalf.

(3)

A requirement under paragraph (1), read with paragraph (1A), for the supplementary document or replacement document to be signed by a person named therein as a proposed director or an equivalent person is satisfied if the supplementary document or replacement document is signed —

(a)

by that proposed director or equivalent person; or

(b)

by a person who is authorised in writing by that proposed director or equivalent person to sign on his behalf.

Subregulation 1

The supplementary document or replacement document to be lodged with the Authority under section 298 of the Act shall be signed —

(a)

if the person making the offer of units in a collective investment scheme is the responsible person for the scheme, by every director or equivalent person of the responsible person and every person who is named therein as a proposed director or an equivalent person of the responsible person; and

(b)

if the person making the offer of units in a collective investment scheme is not the responsible person for the scheme —

(i)

in the case where the responsible person is controlled by —

(A)

the person making the offer;

(B)

one or more of the related parties of the person making the offer; or

(C)

the person making the offer and one or more of his related parties,by the persons mentioned in paragraph (1A); or

(ii)

in any other case —

(A)

if the person making the offer is an entity, by every director or equivalent person of that entity; or

(B)

if the person making the offer is an individual, by the individual or a person authorised by the individual in writing.

Subregulation 1A

For the purposes of paragraph (1)(b)(i), the persons are —

(a)

every director or equivalent person of the responsible person and every person who is named in the supplementary document or replacement document to be lodged with the Authority as a proposed director or an equivalent person of the responsible person; and

(b)

if —

(i)

the person making the offer is an entity, by every director or equivalent person of that entity; or

(ii)

the person making the offer is an individual, by the individual or a person authorised by the individual in writing.

Subregulation 2

A requirement under paragraph (1), read with paragraph (1A), for the supplementary document or replacement document to be signed by a director or an equivalent person is satisfied if the supplementary document or replacement document is signed —

(a)

by that director or equivalent person; or

(b)

by a person who is authorised in writing by that director or equivalent person to sign on his behalf.

Subregulation 3

A requirement under paragraph (1), read with paragraph (1A), for the supplementary document or replacement document to be signed by a person named therein as a proposed director or an equivalent person is satisfied if the supplementary document or replacement document is signed —

(a)

by that proposed director or equivalent person; or

(b)

by a person who is authorised in writing by that proposed director or equivalent person to sign on his behalf.

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