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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/04/16 17:04
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Chapter Law Content

Title: Clauses of the Real Estate Securitization Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter Six Administrative Supervision
Article 54
For necessary protection of public interest or the rights and interests of the beneficiaries, the competent authority may assign its personnel or appoint an appropriate institution with the authority in charge of target enterprise concerned, with regard to the execution situation and other relevant matters of the REIT plan or the REAT plan, to inspect the business, financial or other relevant matters of the Trustee, real estate management institution, trustor or other related parties of the REAT funds, or may order the aforementioned inspected parties to submit financial statements, list of property, or other relevant information and reports within a prescribed period.
If necessary, the competent authority may appoint a professional or a technician to examine the inspected matters, statements, or information prescribed in the preceding paragraph and to issue a report to the competent authority. The expenses shall be borne by the inspected party.
The guidelines for appointing the professional or technician to conduct examination set forth in the preceding paragraph shall be further prescribed by the competent authority.
Article 55
When the Trustee operates the trust business in violation of the provisions of this Act or the REIT plan or the REAT plan, the competent authority may remove the Trustee and order the original Trustee to transfer said business and the trust property to the new Trustee, or apply, mutatis mutandis, Article 44 of the Trust Enterprise Act.
The transferred Trustee as prescribed in the preceding paragraph shall make announcements in the daily local newspapers circulated at the place of its principal office or in other ways prescribed by the competent authority, within two (2) days after the business and the trust property are transferred.
Article 56
Where the real estate management institution has one of the following situations and fails to make corrections within a given time period as notified by the trustee, the trustee may terminate the appointment agreement and transfer the appointed matters to another real estate management institution, without being restricted by the original appointment agreement, and report the matter to the competent authority for reference after the termination of appointment:
1. Violation of the matters agreed in the appointment agreement; or
2. Severe deficiencies in the business or finance.
The real estate management institution shall settle and transfer the business and finance related to the appointed matters within a time period given by the trustee when the appointment agreement is terminated pursuant to the preceding paragraph hereof. Where the real estate management institution fails to settle and transfer within the given time period, the trustee may proceed with the settlement by itself and the results of the settlement are binding to the real estate management institution.
Machinery and other articles left on the managed real estate by the real estate management institution shall be removed within a given time period. Where the real estate management institution fails to do so, such articles shall be deemed as abandoned and the trustee may dispose of those articles by itself at the expense of the real estate management institution.
If any of the situations as mentioned in Paragraph 1 hereof occurs, the trustee shall make announcements in the daily local newspapers circulated at the place of its principal office or in other ways prescribed by the competent authority within two (2) days after the appointment agreement is terminated.
Article 57
When the Trustee operates the REIT or REAT business pursuant to this Act with any of the following circumstances, Article 41 of the Trust Enterprise Act shall apply mutatis mutandis:
1. convening a beneficiaries’ meeting pursuant to this Act;
2. failing to distribute trust interest in accordance with the REIT plan or the REAT plan; or
3. other significant matters sufficient to impact the rights and interests of the beneficiaries.
Where any of the circumstances as prescribed in the preceding paragraph and Article 41 of the Trust Enterprise Act occurs when the Trustee operates the REIT or REAT business pursuant to this Act, if such trust has appointed a Trust Supervisor, said Trust Supervisor shall be informed.
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