Goto Main Content
:::

Chapter Law Content

Title: Financial Asset Securitization Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter II: Special Purpose Trust
Section IV: Trust Supervisor
Article 28
In order to protect the rights and interests of the beneficiaries, the Trustee may appoint a Trust Supervisor in accordance with the SPT contract.
The Trust Supervisor may take any litigious or non-litigious act related to the trust in his/her own name for the interest of the beneficiaries or the trustor, except for the following rights:
1. releasing the Trustee from any liability;
2. altering or terminating the SPT contract;
3. agreeing on the resignation of the Trustee, removing the Trustee or applying for a court order to remove the Trustee;
4. appointing, or applying to the court for an order to appoint, a new Trustee; and
5. other rights the Trust Supervisor shall not exercise in accordance with the SPT contract.
When appointing the Trust Supervisor in accordance with paragraph 1, the Trustee shall inform all beneficiaries in written form within ten (10) days after the appointment
Article 29
In case of more than one Trust Supervisor, their duties shall be discharged pursuant to the majority consent of such Trust Supervisors unless otherwise provided for in the SPT contract or resolved in a beneficiaries' meeting.
Article 30
Neither of the related parties, staff and employees of the Trustee nor the Originator shall act as the Trust Supervisor.
Article 31
Beneficiaries with three (3) percent or more of the total Principal Holding may request, in writing, that the Trust Supervisor exercise his/her rights for the common interest of the beneficiaries.
The Trust Supervisor shall not refuse the request in the preceding paragraph unless the exercise of such rights would damage the execution of the SPT or the common interest of the beneficiaries or there are other legitimate reasons.
Article 32
The Trust Supervisor's remuneration, the necessary expenses incurred by him/her in discharging his/her duties, and the compensation for damages for reasons not attributable to him/her may be appropriated from the trust property by the Trustee.
Article 33
If the Trustee violates any laws or regulations or the SPT contract and causes damage to the trust property, the Trust Supervisor may request the Trustee to cease such act for the benefit of the trust property.