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Chapter Law Content

Title: Securities Investment Trust and Consulting Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter II Securities Investment Trust Funds
Section VII Beneficiaries meeting
Article 38
(Exercise of Beneficiary Rights)
Beneficiary rights shall be exercised subject to a resolution at a beneficiaries meeting. Provided, this restriction shall not apply to acts done solely for the benefit of beneficiaries.
Article 39
(Matters Requiring Resolution of a Beneficiaries Meeting)
The following matters shall be done subject to a resolution of a beneficiaries meeting. Provided, this restriction shall not apply where the Competent Authority has provided otherwise.
1. change of fund custodian institution.
2. change of securities investment trust enterprise.
3. termination of the securities investment trust contract.
4. increase in the management or custodial fees of the securities investment trust enterprise or fund custodian institution.
5. material amendment to the basic policies or scope of securities investment or securities-related product trading by the fund.
6. amendment to the securities investment trust contract that would have a material effect on the rights or interests of beneficiaries.
Article 40
(Convenors, Order of Priority, Conditions, and Procedures for Convening of Beneficiaries Meetings)
When any event occurs that by law, regulation, or the securities investment trust contract requires a resolution of a beneficiaries meeting, the securities investment trust enterprise shall convene a beneficiaries meeting. When the securities investment trust enterprise is unable or fails to convene the meeting, the fund custodian institution shall convene it. When the fund custodian institution is unable or fails to convene it, it shall be convened as provided in the securities investment trust contract or by the beneficiaries themselves. When all are unable or fail to convene it, a person appointed by the Competent Authority shall convene it.
For beneficiaries themselves to convene a beneficiaries meeting, beneficiaries who have held continuously for at least one year beneficial interest certificates representing beneficiary units accounting for at least three percent of the total beneficiary units issued and outstanding of the fund at the time of the proposal shall file an application to the Competent Authority in writing, describing the matters proposed and the reasons for convening the meeting, and convene the meeting themselves after obtaining approval therefrom.
When a beneficiaries meeting is convened by a party other than the securities investment trust enterprise, the securities investment trust enterprise, at the request of the fund custodian institution, the beneficiaries, or the person appointed by the Competent Authority, shall provide any documents or materials necessary for convening the beneficiaries meeting.
Article 41
(Convening of Beneficiaries Meeting by the Fund Custodian)
If in conducting fund custody business, a fund custodian institution requests a securities investment trust enterprise to perform its obligations as provided in Article 23, paragraph 1, and the enterprise fails to do so, and thereby injures the rights or interests of beneficiaries, and the securities investment trust enterprise fails to make corrections by a deadline after being notified in writing to make corrections by the deadline, the institution may, after applying to the Competent Authority and obtaining approval, convene a beneficiaries meeting to replace the securities investment trust enterprise.
Article 42
(Time Limit for Convening, Procedures, and Resolution Methods for Beneficiaries Meetings)
The Competent Authority shall prescribe regulations governing the time limits for convening, procedures, resolution methods, meeting protocol, and other compliance requirements with respect to beneficiaries meetings.
The Competent Authority, if it deems necessary to protect the public interest or the rights or interests of beneficiaries, may amend, by an order, the provisions of the securities investment trust contract regarding the quorum requirements, voting requirements, and resolution method for the meeting of beneficiaries as provided in the securities investment trust contract.
Article 43
(Procedures for Amending the Securities Investment Trust Contract)
The procedures for amending the securities investment trust contract are as follows:
1. For a publicly offered securities investment trust fund, approval shall be obtained from the Competent Authority; the securities investment trust enterprise shall publicly announce the content within two days after approval has been obtained.
2. For a privately offered securities investment trust fund, a report shall be filed with the Competent Authority within five days after the amendment.
Article 44
(Exemption from Application of Relevant Provisions of the Trust Act)
Paragraph 3 of Article 6, Article 16, Article 32, paragraphs 1 to 3 of Article 36, Article 39 to paragraph 1 of Article 42, Article 43, and Articles 52 to 59 of the Trust Act do not apply to securities investment trusts.