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Article NO. Content

Title:

Taiwan Stock Exchange Corporation Procedures for Verification and Disclosure of Material Information of Real Estate Securitization Trustee Institutions  CH

Amended Date: 2018.12.13 (Articles 2 amended,English version coming soon)
Current English version amended on 2007.03.07 
Categories: Primary Market > Management > Information Disclosure
Article 2     In these Procedures, "material information of a trustee institution" means the matters listed below:
  1. A trustee institution uses trust assets to borrow funds or enter into a loan contract.
  2. The creditor of the loan agreement in the preceding subparagraph is an insider of the trustee institution as set forth in Article 22-2 of the Securities and Exchange Act; is a blood relative of such insider within the second degree of kinship; or is a juristic person (or another juristic person controlled by the same party, or a juristic person with which the juristic person has a relationship of mutual control) where the creditor acts as a responsible person.
  3. A trustee institution uses trust assets to borrow funds and, within the scope of such borrowed funds, creates a real estate mortgage upon, or other security interest in, the trust assets.
  4. A trustee institution utilizes a REIT fund to execute a real estate or real estate-related rights transaction.
  5. Principal content of a trust asset assessment reported to the board of directors by the trust asset assessment committee established by a trustee institution.
  6. The net asset value per unit of beneficial interest in a REIT fund on the previous business day.
  7. The difference between the appraised value and book value of trust assets is 10 percent or higher, or NT$100 million or more, and the trustee institution is required to make an adjusting entry to reflect that difference.
  8. A new trustee institution takes assignment of trust business or trust assets that the competent authority of the relevant industry, acting pursuant to Article 55 of the Real Estate Securitization Act, has ordered the original trustee institution to transfer.
  9. A trustee institution terminates a mandate contract agreement with a real estate management institution.
  10. A trust institution fails to distribute trust interest in accordance with a REIT contract or REAT contract.
  11. There is a likelihood that the conduct of a trustee institution is damaging to trust assets and a trust supervisor has requested that said conduct cease.
  12. A trustee institution is sanctioned by the competent authority of the relevant industry under the Real Estate Securitization Act due to violation thereof.
  13. A trustee institution has a negotiable instrument dishonored due to insufficient funds, is blacklisted by a financial institution, or otherwise experiences a loss of creditworthiness.
  14. A litigious or non-litigious matter, administrative disposition, or administrative litigation has a material influence on the trustee institution's financial or business affairs.
  15. A situation under any of the subparagraphs under Article 185, paragraph 1 of the Company Act exists at a trustee institution.
  16. There is a change of a trustee institution's chairman (or chief trustee), general manager (or president), or one-third or more of its directors (or trustees).
  17. A trustee institution enters into an important contract or changes material content of a business plan.
  18. Trust assets are insufficient to pay expenses incurred in the handling of trust affairs.
  19. A change to a REIT plan or REAT plan has been submitted to the competent authority of the relevant industry and granted either prior approval or effective registration.
  20. A REIT or REAT contract is changed, rescinded, or terminated.
  21. A trustee institution resigns or is dismissed; or there is an appointment of, or a petition to select, a new trustee institution.
  22. A trust supervisor is switched.
  23. A decision is made regarding the date of a beneficiaries meeting, the dates of a book closure period for the register of beneficiaries, or the date of record for a distribution of income.
  24. Major resolutions of a beneficiaries meeting.
  25. Any one of the situations set out in Article 6, paragraph 1, subparagraphs 1 through 3 of the Regulations Governing the Public Offering or Private Placement of REIT and REAT Beneficial Interest Securities by a Trustee arises at a trustee institution. (Where a trustee institution, acting pursuant to subparagraph 4 of the same article and paragraph, has notified a holder of beneficial interest securities as referred to in the preceding three subparagraphs to transfer beneficial interest securities within one month, the holder's response to the notification also qualifies as material information.)
  26. When a trustee institution issues a fund management performance report.
  27. When a material change in the real estate's annual appraised value impacts the price of the beneficial interest securities and the trustee institution shall make a public announcement at the end of the month in which such change occurs.
  28. When a promoter provides the holding status of beneficial interest securities to the trustee institution at the end of each quarter.
  29. Other circumstances having a material effect on beneficiary rights and interests or the price of beneficial interest securities.