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In these Procedures, "material information regarding a SITE" means any of the matters listed below that arises with respect to a SITE, or with respect to a listed security investment trust fund associated therewith:
- A SITE or a trust fund thereof has had a negotiable instrument dishonored due to insufficient funds, been blacklisted by a financial institution, or has otherwise experienced a loss of creditworthiness.
- A litigious or non-litigious matter, administrative disposition, administrative litigation, or a motion for provisional attachment or provisional injunction or enforcement thereof, has resulted from business operations or from the execution of job duties by an associated person, and has had a material effect on financial or business affairs.
- An application for reorganization has been filed in court.
- There has been a change of chairman, general manager, a juristic-person director or supervisor or representative thereof, one-third or more of the directors or supervisors, or there has been a subsequent change to the aforesaid personnel.
- For a reason other than an internal adjustment at the accounting firm of the attesting CPA, there has been a change of attesting CPA at either a SITE or a securities investment trust fund managed thereby.
- A board of directors has resolved to suspend or resume operations.
- A board of directors has resolved in favor of dissolution or merger; or a board of directors, having resolved in favor of merger, has subsequently voided the merger resolution during the merger execution process; or a merger has not been completed by the contractually stipulated date.
- A board of directors has resolved to transfer all, or a major portion of, its business or assets.
- A board of directors has resolved to accept transfer of all, or a major portion of, the business or assets of another party.
- A SITE has been dissolved, or its approval voided or revoked, or it has mismanaged a securities investment trust fund, and for this reason another SITE approved by the Executive Yuan's Financial Supervisory Commission (FSC) has assumed its relevant business or a fund transferred therefrom; or the competent authority has arranged for another SITE to do so; or its securities investment trust fund contracts have been terminated because no other SITE was willing to assume them.
- A securities investment trust contract has been amended.
- There has been a change of SITE or custodian institution.
- A securities investment trust contract has been terminated, or post-termination matters have been handled.
- Matters regarding the distribution of residual asset after liquidation of a fund, and the liquidation results.
- Matters regarding the convening of a general meeting of beneficial owners, and the content of its resolutions.
- Real estate has been purchased from a related party.
- Matters regarding resolutions by the board of directors to distribute fund income.
- Other matters sufficient to influence the continued operations of the company, or the rights and interests of the beneficial owners of any securities investment trust fund it manages.
"Related party" in subparagraph 16 of the preceding paragraph means a juristic person controlled by the same party as the SITE, or with which it has a relationship of mutual control.
If a SITE has listed with a linked exchange-traded fund (ETF) that meets the requirements set forth in Article 37, paragraph 4, of the Regulations Governing Securities Investment Trust Funds, then in addition to the matters set forth in each subparagraph of the preceding paragraph, material information regarding the SITE also includes the occurrence of any of the following matters with respect to the linked offshore ETF or offshore fund entity:
- The approval of the offshore ETF is voided, or its investment activities restricted, by the competent authority of its place of registration.
- The offshore fund institution is unable to continue to conduct the relevant business due to dissolution, suspension of business, transfer of business, merger or acquisition, cessation of business, voidance or revocation of its permit under laws or regulations of the country where it is located, or other similar material event.
- The offshore fund institution is subject to any disposition by its competent authority.
- Trading of the offshore ETF is suspended or resumed.
- There is any material change to the finances or business of the offshore fund institution.
- Any material matter occurs with respect to the underlying index of the offshore ETF that has a material impact on investor interests, or the offshore ETF's underlying index is changed with the approval of the competent authority of its place of registration.
- A financial report announced by the offshore ETF pursuant to the laws and regulations of its place of registration or the country in which it is listed.
- Any information that an offshore ETF is required to immediately report under the laws and regulations, or under the rules and bylaws of the exchange, of its place of registration or the country in which it is listed, or any other matter having a material impact on investor interests.
In these procedures, "material information regarding an offshore fund entity" means any of the matters listed below that arises with respect to the offshore fund entity, general agent, or listed offshore exchange-traded fund:
- Any matter required to be publicly announced and reported as set forth in the subparagraphs of paragraphs 1 and 4, Article 12, of the Regulations Governing Offshore Funds adopted by the competent authority of Taiwan.
- Any material event required to be reported immediately under the laws and regulations, or under the rules and bylaws of the securities exchange, of the place of registration of an offshore exchange-traded fund.
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