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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 V Fund Accounting
Article 26
(Accounting Treatment for Funds)
An individual account shall be established for each securities investment trust fund publicly offered or privately placed by a securities investment trust enterprise and accounting books and records shall be established as provided by the Competent Authority; they shall be kept in the manner and for the period set forth in the Business Accounting Act and applicable regulations.
Article 27
(Beginning and End of the Accounting Year)
The accounting year of a securities investment trust fund shall be from 1 January to 31 December each year unless otherwise stipulated in the securities investment trust contract or otherwise approved by the Competent Authority.
Article 28
(Calculation of the Net Asset Value of Funds)
The securities investment trust enterprise shall calculate the net asset value of the securities investment trust fund each business day.
The Securities Investment Trust and Consulting Association shall draft standards for the calculation of the net asset value of securities investment trust funds and submit them to the Competent Authority for approval.
Article 29
(Public Announcement of the Net Asset Value of Funds)
The securities investment trust enterprise shall on each business day publicly announce the net asset value per beneficiary unit of the securities investment trust fund for the previous business day. Provided, for securities investment trust funds raised by offering beneficial interest certificates overseas, the laws and regulations of the place where they are offered shall govern.
The provisions of the preceding paragraph do not apply to securities investment trust funds privately placed with specific persons by the securities investment trust enterprise. Provided, the net asset value per beneficiary unit of the securities investment trust fund shall be reported to the beneficiaries according to the provisions of the securities investment trust contract.
Article 30
(Manners for Keeping Fund Assets)
A securities investment trust enterprise shall keep the assets of each securities investment trust fund in the following manners according to the percentages prescribed by the Competent Authority:
1. cash.
2. bank deposits.
3. short-term bills purchased from bills dealers.
4. other manners provided by the Competent Authority.
Banks or short-term bills under subparagraphs 2 or 3 of the preceding paragraph shall have obtained at least a certain rating from a credit rating institution approved by the Competent Authority.
The total amount of assets held in the manners in subparagraphs 2 to 4 of paragraph 1 by a securities investment trust fund that is publicly offered or privately placed domestically may not exceed a certain percentage; the percentage shall be set by the Competent Authority in consultation with the Central Bank.
Article 31
(Period for Distribution of Profits)
Any profit from investment income of the securities investment trust fund that shall be distributed according to the stipulations of the securities investment trust contract, shall be distributed within six months from the close of the accounting year unless otherwise approved by the Competent Authority, and the distribution date shall be specified in the securities investment trust contract.