Singapore legislation

Regulation 9

of Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2005

Regulation 9

Other particulars to be included in trust deeds

Amended byS 669/2018 wef 08/10/2018

The trust deed referred to in regulation 8(1) shall include —

(a)

provisions relating to such particulars as are sufficient to disclose the structure of the scheme, the nature of the units in the scheme, the investment objectives of the scheme and the types of authorised investments and investment restrictions applicable to the scheme, including those that are applicable by virtue of the Code on Collective Investment Schemes;

(b)

except where no property is to be vested in the trustee for the scheme, provisions creating a trust, or containing a declaration of trust, and setting out full particulars of the trust, including precise information as to the circumstances in which the money, securities, securities-based derivatives, units in a collective investment scheme, investments and other property subject to the trust are or will be vested in the trustee, and the duties and obligations of the trustee towards the participants in the scheme;

(c)

provisions for and specifying full particulars with respect to —

(i)

the retirement, removal and replacement of the trustee for the scheme;

(ii)

the retirement, removal and replacement of the manager for the scheme;

(iii)

the appointment, retirement, removal and replacement of the auditor of the accounts relating to the scheme; and

(iv)

the duration, if ascertainable, of the scheme or, if the duration is not ascertainable, a statement of that fact;

(d)

where the scheme invests in property that tends to depreciate in value through use or effluxion of time, provisions regarding particulars of the provision made or to be made for the replacement of that property and the source or sources from which the replacement is to be made or from which the cost of the replacement is to be met or, if no provision is or is to be made, a statement of that fact;

(e)

provisions specifying full particulars of —

(i)

the method of determining the price at which a unit in the scheme may be sold by the manager for the scheme;

(ii)

the circumstances in which the manager for the scheme or any other person may be required to purchase from a participant in the scheme any unit subscribed for or acquired by the participant and the method of determining the price at which the unit is to be purchased;

(iii)

the method of valuation of investments comprised in the scheme and the time of day when valuation is to be made;

(iv)

the circumstances in which, and methods by which, all or any of the investments or other property comprising or forming part of the scheme may be varied;

(v)

the conditions governing the transfer of units in the scheme;

(vi)

the conditions governing the distribution of income to the participants;

(vii)

the remuneration of the trustee for the scheme and of the manager for the scheme and the manner in which that remuneration is provided; and

(viii)

any other fees or charges payable by the scheme or participants;

(f)

provisions requiring the prior approval of the trustee for any changes to the particulars to which sub-paragraph (e)(i), (ii) or (iii) relate, and requiring the trustee to determine if the participants should be informed of such changes;

(g)

provisions relating to the convening of meetings of the participants;

(h)

provisions incorporating, whether by way of annex or otherwise, the terms and form of any agreement which the trust deed requires, or confers a right on, the participants to enter into in connection with the scheme;

(i)

provisions relating to details of the scheme’s borrowing limit and borrowing powers, including stock borrowings;

(j)

provisions specifying the party to whom interest on monies held by the manager for the scheme pending payment to the approved trustee should accrue;

(k)

where applicable, provisions regarding a regular savings plan incorporated into the scheme or enabling such a plan to be incorporated; and

(l)

where the trust deed is capable of modification, provisions relating to the modification of the trust deed.