Article Content
Chapter 1 General Provisions
| Article 1 | These Regulations are enacted pursuant to Paragraph 3, Article 29 of the Trust Enterprise Act ("the Act"). |
| Article 2 | The term "beneficial securities" as used in these Regulations shall mean securities issued by a trust enterprise for a collective trust fund to represent the beneficiary rights to which holders are entitled in the collective trust fund.
The term "beneficiary rights" as used in these Regulations shall mean the rights to the distribution of trust proceeds, compensations for trust assets, or other benefits to which a beneficiary is entitled based on the number of beneficial units recorded on the beneficial securities or other documents representing beneficiary rights.
The term "document representing beneficiary rights" as used in these Regulations shall mean a document produced and issued by a trust enterprise that records the number of beneficial units held by a beneficiary.
The term "net asset value per beneficial unit" as used in these Regulations shall mean the net asset value of trust assets of a collective trust fund represented by each beneficial unit. |
| Article 3 | A trust enterprise approved by the competent authority to publicly offer and issue a collective trust fund shall proceed in accordance with the following provisions:
1. Enter into a collective trust fund agreement separately with multiple unspecified persons based on the provisions of the standard form contract for trust, collect money, and deliver beneficiary rights by issuing beneficial securities or documents representing the beneficiary rights;
2. Exercise due care of a good manager to collectively manage and utilize trust assets for the benefit of the beneficiaries in accordance with the scope and methods specified in the collective trust fund agreement;
3. Handle matters for which a trustee is responsible according to the trust agreement; and
4. Other matters as required by the competent authority.
If a collective trust fund intends to invest 50 percent or more of the approved offering amount in securities set forth in Article 6 of the Securities and Exchange Act, or has NT$1 billion or more available for investment in securities set forth in Article 6 of the Securities and Exchange Act, the trust enterprise shall apply to the competent authority for approval; matters in connection with the offering, issuance, trading, management, and supervision of such a fund shall be handled in compliance with the applicable provisions of the Securities Investment Trust and Consulting Act; if those matters have already been approved by the competent authority, the fund shall be deemed to have been approved in accordance with the Act. |