Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005 · As enacted · Part V · Exemptions
34. Contents of offer information statement under section 305B of Act
Feedback & supportLast amended by an amending law of 2018.
For the purposes of section 305B of the Act, an offer information statement in respect of a real estate investment trust shall be prepared in accordance with the requirements set out in the Seventh Schedule.
The Authority may require any document, report or other material to be filed together with an offer information statement.
An offer information statement to be lodged with the Authority under section 305B of the Act shall be signed —
where 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
where the person making the offer of units in a collective investment scheme is not the responsible person for the scheme —
in the case where the responsible person is controlled by —
the person making the offer;
one or more of the related parties of the person making the offer; or
the person making the offer and one or more of his related parties,by the persons mentioned in paragraph (3A); or
in any other case —
if the person making the offer is an entity, by every director or equivalent person of that entity; or
if the person making the offer is an individual, by the individual or a person authorised by the individual in writing.
For the purposes of paragraph (3)(b)(i), the persons are —
every director or equivalent person of the responsible person and every person who is named in the offer information statement to be lodged with the Authority as a proposed director or an equivalent person of the responsible person; and
if —
the person making the offer is an entity, by every director or equivalent person of that entity; or
the person making the offer is an individual, by the individual or a person authorised by the individual in writing.
A requirement under paragraph (3), read with paragraph (3A), for the offer information statement to be signed by a director or an equivalent person is satisfied if the offer information statement is signed —
by that director or equivalent person; or
by a person who is authorised in writing by that director or equivalent person to sign on his behalf.
A requirement under paragraph (3), read with paragraph (3A), for the offer information statement to be signed by a person named therein as a proposed director or an equivalent person is satisfied if the offer information statement is signed —
by that proposed director or equivalent person; or
by a person who is authorised in writing by that proposed director or equivalent person to sign on his behalf.
Subregulation 1
For the purposes of section 305B of the Act, an offer information statement in respect of a real estate investment trust shall be prepared in accordance with the requirements set out in the Seventh Schedule.
Subregulation 2
The Authority may require any document, report or other material to be filed together with an offer information statement.
Subregulation 3
An offer information statement to be lodged with the Authority under section 305B of the Act shall be signed —
where 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
where the person making the offer of units in a collective investment scheme is not the responsible person for the scheme —
in the case where the responsible person is controlled by —
the person making the offer;
one or more of the related parties of the person making the offer; or
the person making the offer and one or more of his related parties,by the persons mentioned in paragraph (3A); or
in any other case —
if the person making the offer is an entity, by every director or equivalent person of that entity; or
if the person making the offer is an individual, by the individual or a person authorised by the individual in writing.
Subregulation 3A
For the purposes of paragraph (3)(b)(i), the persons are —
every director or equivalent person of the responsible person and every person who is named in the offer information statement to be lodged with the Authority as a proposed director or an equivalent person of the responsible person; and
if —
the person making the offer is an entity, by every director or equivalent person of that entity; or
the person making the offer is an individual, by the individual or a person authorised by the individual in writing.
Subregulation 4
A requirement under paragraph (3), read with paragraph (3A), for the offer information statement to be signed by a director or an equivalent person is satisfied if the offer information statement is signed —
by that director or equivalent person; or
by a person who is authorised in writing by that director or equivalent person to sign on his behalf.
Subregulation 5
A requirement under paragraph (3), read with paragraph (3A), for the offer information statement to be signed by a person named therein as a proposed director or an equivalent person is satisfied if the offer information statement is signed —
by that proposed director or equivalent person; or
by a person who is authorised in writing by that proposed director or equivalent person to sign on his behalf.