Enforcement Rules of The Real Estate Securitization Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=G0380173

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Article 1


These Rules are enacted in accordance with Article 67 of the Real Estate
Securitization Act (hereinafter referred to as the “Act”).


Article 2


The alterations of the real estate investment trust plan and the real
estate asset trust plan, which has no significant influence on the
rights and interests of the beneficiaries, as described under the
provisos of Article 9, Paragraph 2 and Article 32, Paragraph 2 of the
Act refers to the following situations:
1. the shortening of the duration of the real estate investment trust
funds or the real estate asset trust contract after the real estate
investment trust contract or the real estate asset trust contract
is terminated and the cash from the disposition of the trust
property is allocated;
2. alterations are made by a written consent of the entire
beneficiaries in accordance with the entry in the real estate
investment trust plan or a real estate asset trust plan;
3. amendments or supplements as agreed by the contracting parties of
the real estate investment trust contract or the real estate asset
trust contract, where they involve alterations to the requisite
items to be included in the real estate investment trust plan or
the real estate asset trust plan. However, the amendments or
supplements are limited to those for which an attorney-at-law
issued legal opinions to determine that they corrected obvious
mistakes in the original agreement, clarified ambiguity in the
original agreement, or made supplements that did not contradict
other agreements, and declared that there were no major influence
on the beneficiaries; or
4. other events as determined by the competent authority.
When an alteration of a real estate investment trust plan or a real
estate asset trust plan has no significant influence on the rights and
interests of the beneficiaries, the Trustee shall inform the
beneficiaries or make an announcement of such plan pursuant to Article
41 of the Trust Enterprise Law.


Article 3


A trustee shall submit the settlement statement and report regarding
the real estate investment trust plan or the real estate asset trust
plan to the competent authority within thirty (30) days after the
implementation of said plan is complete.
The format of the settlement statement and report referred to in the
preceding paragraph shall be drafted by the Trust Association and
submitted to the competent authority for approval.


Article 4


Pursuant to Article 10, Subparagraph 17 and Article 33, Subparagraph
14 of the Act, real estate investment trust contracts and real estate
asset trust contracts shall contain the name or title of the beneficiary
as specified in Article 19, Paragraph 1 of the Trust Enterprise Law.
If a beneficiary is still not confirmed at the time of signing said
contracts, but may be confirmed thereafter, the identification of the
beneficiary may be specially processed in accordance with the
specifications by the trustor.


Article 5


(deleted)


Article 6


The term “principal office” as mentioned in Article 19, Paragraph 3,
Article 22, Paragraph 4, Article 26, Paragraphs 1 and 6, Article 55,
Paragraph 2, and Article 56, Paragraph 4 of the Act refers to the
location of the company or the registered location of the business
license where a bank concurrently engages in trust business.


Article 7


When processing a trust registration, a real estate investment trust
shall make the registration in the name of the Trustee and state real
estate investment trust funds and property in the column of other
registration matters of the registration book.


Article 8


(deleted)


Article 9


The documents and information of trust property provided by a trustor
pursuant to Article 29, Paragraph 3 of the Act shall contain the
indication regarding trust property, nature of rights, legal
appropriation, permit or control, the specification of debt related to
trust property, and the encumbrance of trust property.


Article 10


The written documents regarding the specification of debt provided by
the Trustor pursuant to Article 30, Paragraph 3 of the Act shall contain
the following items:
1. the debt secured by trust property;
2. the balance of debt; and
3. the specification of debt regarding a direct or indirect
relationship of the creditor’s rights and debt concerning other
commitments, guarantees, or loans made between the trustor and a
third party, which may have influence on the implementation effects
of trust matters if not performed.


Article 11


The term “encumbrance of trust property” as mentioned in Item 2, Subparagraph 4, Paragraph 1 of Article 31 of the Act means the rights of a third party to make direct claim on trust property, such as superficies, easements, mortgage, dien, or leasehold.


Article 12


When beneficiaries exercise their voting rights, redeem their
principals and receive profits, interests, or other proceeds accrued
therefrom pursuant to the Act, whether they are required to present
Beneficial Securities shall be processed in accordance with the
agreements in the real estate investment trust contract or the real
estate asset trust contract.


Article 13


The trustee, Trust Supervisor, or the Trustor of a real estate
investment trust plan or a real estate asset trust shall not function
as a certification agency for the Beneficial Securities issued in
accordance with the real estate investment trust plan or the real estate
asset trust plan.
The lead underwriter shall not function as the certification agency for
the same series of Beneficial Securities issued in accordance with the
real estate investment trust plan or real estate asset trust plan.
Securities concurrently issued in the same series in accordance with
the real estate investment trust plan or real estate asset trust plan
shall be certified by the same agency.


Article 14


These Enforcement Rules shall be enforced as of the date of
promulgation.
If the translations of the texts differ from the original Chinese texts, the
original texts are preferential.