Securities and Futures (Offers of Investments) (Collective Investment Schemes) Regulations 2002
Table of Contents
Enacting Formula
Part I PRELIMINARY
1 Citation and commencement
2 Definitions
3 Forms
4 (Deleted)
5 Fees
Part II AUTHORISATION AND RECOGNITION REQUIREMENTS
Division 1 Approval Criteria for Trustees
6 Approval criteria for trustees
Division 2 Operational Requirements for Approved Trustees
7 Operational requirements for approved trustees
Division 3 Trust Deed Requirements
8 Covenants to be included in trust deeds
9 Other particulars to be included in trust deeds
10 Penalty for breach of covenant
11 Savings and transitionals for this Division
Part III Prospectus Requirements
Division 1 Form and Content
12 Contents of prospectus
13 Contents of profile statement
14 Supplementary document and replacement document
15 General requirements for documents lodged with Authority
16 Form or medium of document
17 Verification of expert’s consent
18 Signature on documents lodged with Authority
19 Authorisation to be annexed
20 Penalty for false statement
Division 2 Advertising Requirements for Purposes of section 300 (1) of Act
20A (Deleted)
21 Advertisement shall not be false or misleading
22 Contents of advertisement where units in collective investment scheme are already offered
23 Contents of advertisement where units in collective investment scheme are not yet offered
24 Past performance of collective investment scheme
25 Comparison of past performance of collective investment scheme with that of another collective investment scheme or an index
26 Comparison of past performance of collective investment scheme with that of another form of investment
27 Performance of manager or submanager
28 Future performance of collective investment scheme
29 Legibility and audibility
Part IV AUTHORISATION AND RECOGNITION OF RESTRICTED SCHEMES
30 Extent to which Subdivisions (2) and (3) in Division 2 of Part XIII of Act apply to restricted schemes
Part v exemptions
31 Exemption under section 337 of Act
32 Duty to inform person making offer or invitation about certain deficiencies
33 Criminal liability for false or misleading statements
34 Defences
Part VI EXTRA-TERRITORIAL APPLICATION OF DIVISION 2 OF PART XIII OF ACT
35 Non-applicability of section 339 (2) of Act under certain circumstances
Part VII TRANSITIONAL AND SAVINGS
36 Definitions of this Part
37 Pending application for approval of deed or trustee
38 Collective investment scheme units of which are interests under section 107 of old law
39 Statement issued under section 113 of old law
40 Collective investment scheme units of which are shares, etc., where offer complies with section 43 of old law
41 Offer of shares, etc., under collective investment scheme made pursuant to section 106C of old law
42 Offer of shares, etc., under collective investment scheme made pursuant to section 106D of old law
43 Application of certain provisions of Act and Regulations, etc., before date of commencement of Parts II and IV of Act
FIRST SCHEDULE Forms
SECOND SCHEDULE Fees
THIRD SCHEDULE Requirements for preparation of a prospectus (under section 296 (1) of the Act) for an offer to the public of units in a collective investment scheme
FOURTH SCHEDULE Illustration
FIFTH SCHEDULE Modified Provisions for Restricted Schemes