5
APPLICATION FOR RECOGNITION - UNLISTED FOREIGN FUND
Operator :
Fund(s) :
Adviser :
Date of Submission :
/Requirements
/Compliance Check
/ SC’sRemarks /
/ / Check / Remarks /
1. /
Cover letter
Cover letter, setting out:· Recognition sought, including particulars of the proposal(s);
· Confirmation that the application complies with the Guidelines for the Offering, Marketing and Distribution of Foreign Funds (“OMD Guidelines”);
· Confirmation that exemption or variation has been sought from SC together with details of such exemption or variation (where there are departures from any relevant guidelines);
· Declaration of conflict of interest, if any, by advisers or experts in respect of the application. If a conflict of interest exists, to provide full disclosure of the nature of the conflict and steps to address the conflict; and
· Particulars of other required approvals obtained or pending (if applicable).
2. /
Declaration
Declaration from the operator of the fund that-· the fund is being offered, marketed or distributed to investors in the jurisdiction of the securities regulator that primarily regulates the fund;
· the relevant licence held by the operator is not being subject to any suspension or revocation order by its securities regulator;
· the operator complies with the relevant regulatory requirements or is not being investigated for violation of any regulatory requirements;
· the application complies with OMD Guidelines. Where there are departures from any relevant guidelines, to confirm that exemption or variation has been sought from the SC; and
· there is no omission of material information that may affect SC’s decision in considering the application.
3. /
Undertaking
Undertaking from the operator of the fund that-· it will submit to the non-exclusive jurisdiction of the courts of Malaysia;
· it will ensure that the constitutive document of the fund will not contain any provisions that exclude Malaysia’s courts from entertaining an action or legal proceedings against the fund, the operator or the fund’s trustee/fund supervisor/custodian in connection with the fund; and
· it will immediately cease the offering, marketing or distribution of the fund in Malaysia and will notify SC accordingly in the event-
o the foreign fund ceases to be offered, marketed or distributed to investors in the jurisdiction of the securities regulator that primarily regulates the fund; or
o the relevant licence held by the operator has been suspended or revoked.
4.
/Representative and registered distributor
· Copy of the operator’s letters appointing its representative and registered distributor(s) for the fund in Malaysia.· Undertaking from the representative of the fund appointed pursuant to the OMD Guidelines that it will perform the duties required of a representative under the OMD Guidelines. / / /
5. / Application Form
· SC/FF-NEW
· For Qualifying CIS, to also submit the ASEAN CIS Application Form*
6. /
Constitutive Document
Two (2) copies of the fund’s constitutive document, certified by at least one of the directors of the operator that such constitutive document is-(a) identical to the version filed or lodged or registered, as the case may be, with the securities regulator that primarily regulates the fund; and
(b) a true and accurate translation of the original constitutive document if the constitutive document submitted is a translated version of the original constitutive document.
7. / Status of the fund
(a) For retail fund*
· Copy of the authorisation letter issued by the securities regulator that primarily regulates the fund.
· For Qualifying CIS, copy of the document demonstrating that the home regulator has no objection to the fund being deemed as a Qualifying CIS*
(b) For non-retail fund*
· Copy of the authorization letter issued by the securities regulator that primarily regulates the fund; or
· Letter from the operator certifying that units of the foreign fund are offered, marketed or distributed to non-retail investors in the relevant foreign jurisdiction.
8. / (a) For retail fund*
· Prospectus
Registrable copies of the prospectus, submitted as per the requirement of the Prospectus Guidelines for Collective Investment Schemes.
(b) For non-retail fund*
· Draft copy of the offering document issued for the purpose of offering, marketing and distribution of the fund.
9. / Fees
· Fee Computation Checklist.
· Payment made to ‘Securities Commission’ or ‘Suruhanjaya Sekuriti’.
(for multiple applications, fees can be combined under 1 checklist)
10. / Other Attachments
(i) …………………………….
(ii) …………………………….
(Please specify)
* To delete whichever is not applicable
……………………………………….. / ………………………………………….Name:
(Authorised signatory of the adviser)
Designation:
Date: / Name:
(Authorised signatory of the adviser)
Designation:
Date:
For SC’s Internal Use:
Submission of Documents
Please tick the relevant box:
Complete
Not complete
If not complete, please state missing documents:
……………………………………………………………..……………………………………………………………………………………………………………………………………………………………..
Date applicant is informed of missing documents: ………………………….
Date complete submission is received: ………………………….
VERSION1.0 ISSUED IN AUGUST 2014