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

Part II AUTHORISATION AND RECOGNITION OF COLLECTIVE INVESTMENT SCHEMES, APPROVAL OF TRUSTEES AND REQUIREMENTS FOR APPROVED TRUSTEES

Division 1 — Approval Criteria for Trustees

5 Approval criteria for trustees

Division 2 — Requirements for Approved Trustees

5A Forms for approved trustees

5B Application for approval of chief executive officer, director and key persons, etc.

6 Annual fees for approved trustees

7 Operational requirements for approved trustees

Division 2A — Requirements for custodians of non-umbrella VCCs or sub-funds of umbrella VCCs

7A Operational requirements for custodian of non-umbrella VCC

7B Operational requirements for custodian of sub-fund of umbrella VCC

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

Division 3A — Requirements of constitution or contractual arrangements in respect of collective investment scheme constituted as non-umbrella VCC or sub-fund of umbrella VCC

10AA Provisions to be included in constitution where collective investment scheme is constituted as non-umbrella VCC

10AB Provisions to be included in constitution where collective investment scheme is constituted as sub-fund of umbrella VCC

10AC Prescribed requirements for contractual arrangements where collective investment scheme is constituted as non-umbrella VCC

10AD Prescribed requirements for contractual arrangements where collective investment scheme is constituted as sub-fund of umbrella VCC

Division 4 — Application for Authorisation and Recognition of Collective Investment Schemes

10A Forms for authorisation and recognition, etc.

10B Criteria for recognition

Division 1 — Form and Content

12 Information that may be omitted from preliminary document

13A Form and content requirements of product highlights sheet

14 Supplementary document and replacement document

16 General requirements for documents lodged with Authority

Division 2 — Advertising requirements

Subdivision 1 Requirements for advertisements or publications for the purposes of sections 300(3C), 303(3) and 305B(8) of Act

19A Requirements of advertisement or publication

Subdivision 1A Requirements for advertisements or publications for the purposes of section 300 (3C) of Act

23 Contents of advertisement where units in collective investment scheme are already offered

24 Contents of advertisement where units in collective investment scheme are not yet offered

25 Past performance of collective investment scheme

26 Comparison of past performance of collective investment scheme with that of another collective investment scheme or an index

27 Comparison of past performance of collective investment scheme with that of another form of investment

29 Future performance of collective investment scheme

Subdivision 2 Requirements for advertisements or publications for the purposes of section 300 (4) of Act

30 Requirements of advertisement or publication for purposes of section 300(4) of Act

31 Report about units in collective investment scheme published and delivered to institutional investors

32 Extent to which Subdivisions (2) and (3) in Division 2 of Part 13 of Act apply to restricted schemes

33 Determination of closely related offer for small offer and private placement

34 Contents of offer information statement under section 305B of Act

35 Exemption from requirement for expert’s consent under section 249(1) of Act

37 Exemption for offer to existing participants

38 Non-applicability of section 339 (2) of Act under certain circumstances