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Chapter Law Content

Title: Regulations Governing Futures Trust Funds CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 5:Beneficial Certificates
Article 59
Beneficial certificates shall be in registered form.
Beneficial certificates shall be issued in dematerialized form and shall be delivered by registry and book-entry transfer.
Rules governing the handling of beneficial certificates shall be formulated by the Futures Association and submitted to the competent authority for approval.
Regulations governing the registry and book-entry transfer of beneficial certificates shall be prescribed by the competent authority.
Article 60
Beneficial interest in a futures trust fund shall be divided equally based on the total number of beneficial units. The number of beneficial units represented by each beneficial certificate shall be set out in the related documents delivered to the beneficial owners of the fund.
The rights of the beneficial owner are exercisable according to the number of beneficial units. Identical beneficial rights shall be enjoyed under any follow-on offerings or issuances of the fund.
Article 61
After the issuance date of beneficial certificates, a futures trust enterprise shall duly deliver the beneficial certificates to the subscribers by the book-entry method within three business days from the date upon which the fund custodian has received the subscription price in full.
The term "issuance date of beneficial certificates," as used in the preceding paragraph, refers to the date of the futures trust enterprise's initial delivery of the beneficial certificates of a futures trust fund.
Article 62
Where beneficial certificates are held jointly by more than one person, one of the joint owners shall be selected to exercise the associated rights.
When the government or a juristic person is a beneficial owner, a natural person shall be chosen as a representative to exercise of associated rights.
Article 63
Beneficial certificates are freely transferable unless otherwise prohibited by law or regulation.
Parties to a transfer of beneficial certificates shall have no recourse against the futures trust enterprise when the name of the person or the entity and the domicile or residence of the transferee is not listed in the futures trust enterprise's register of beneficial owners.
Article 64
Beneficial certificates of a futures trust fund offered to persons meeting certain eligibility requirements may not be resold by beneficial owners, except under one of the following circumstances:
1.An application for redemption from the futures trust enterprise.
2.Transfer to one of the eligible persons under Article 13, paragraph 1.
3.A transfer by the operation of law.
4.Other circumstances approved by the competent authority.
The restrictions of the preceding paragraph regarding transfers of beneficial certificates shall be set out in the written documents issued to beneficial owners of the fund.
Article 65
The period of prescription for a beneficial owner's right to claim distribution of gains, ownership after extinguishment of the period of prescription, the period of prescription for beneficial owners' claims for payment on beneficial certificates redeemed, and the period of prescription for a beneficial owner's rights to claim distribution of residual assets at liquidation of a fund shall be handled in accordance with applicable laws and regulations and the stipulations of the futures trust deed.