Chương V Thông tư 227/2012/TT-BTC: Chế độ báo cáo

Chapter V

REPORTING REGIME

Article 36. Information for investors and reporting regime applicable to asset management companies and private investment companies that manage their own capital

1. Asset management company shall periodically send the following reports to the State Securities Commission:

a) The weekly report on the changes of the net asset value of the public investment company, according to the template in Annex 17 enclosed with this Circular;

b) The report on the investments (including information about assets) made by the public investment company and private investment company, which entrust the capital management, every month, every quarter, and every year, according to the template in Annex 18 enclosed with this Circular;

c) The biannual and annual summary report on management of the public investment company and private investment company which entrust the capital management, including the basic contents in Annex 19 enclosed with this Circular;

d) The prospectus, the summary prospectus; the audited annual, biannual, and quarterly financial statements of the public investment company and private investment company which entrust the capital management;

2. The documents prescribed in Clause 1 of this Article must be provided free of charge for shareholders on the website of the asset management company, or directly sent via email to shareholders, or in other form as prescribed in the charter of the public investment company and the prospectus.

3. Shareholders may refuse the documents prescribed in Clause 2 of this Article. At the request of shareholders, the asset management company must provide the risk management process, specifying the investment limits, the precautionary measures and risk management methods to manage assets of the public investment company.

4. The private investment company that manage their own capital must provide information to investors and send the following reports to the State Securities Commission:

a) The reports prescribed in Point b and Point d Clause 1 of this Article;

b) The report on the transfer of shares among the shareholders within 15 days from the date on which the transfer is complete. The report specifying the list of shareholders (before and after the transfer); the amount of shares (before and after the transfer); the ownership of shares (before and after the transfer); the changes of shares, and the method of share transfer.

5. The asset management company and private investment company that manage their own capital must report the following events to the State Securities Commission:

a) The replacement and designation of members of the Board of Directors, the Director, Deputy Director, or employees of the investment company.  The report on the replacement, employment, and designation of personnel must be enclosed with the personal profiles of the substitute personnel and other documents certifying the eligibility of the substitute personnel as prescribed;

b) The revisions of the charter and the prospectus. The report must be enclosed with the revised charter or prospectus.

c) The events that might seriously affect the financial resources and operation of the investment company.

6. Deadlines for submitting reports:

a) For monthly reports: 05 days from the end of the month;

b) For quarterly reports: 20 days from the end of the quarter;

b) For biannual reports: 30 days from the end of the second quarter;

b) For annual reports: 90 days from the end of the fiscal year;

dd) For the reports on the events prescribed in Clause 5 of this Article: 03 days from the occurrence of those events.

7. Apart from the cases prescribed in this clause, the State Securities Commission may request the asset management company and investment company to send reports on the operation of the investment company when it is necessary for protecting the common interests and shareholders’ interests.

8. The asset management company and investment company must send reports to the State Securities Commission within 48 hours since the request for reporting is received as prescribed in Clause 7 of this Article.

Article 37. Reporting regime applicable to supervisory banks and depository banks

1. The supervisory bank must make and send monthly, quarterly, and annual reports to the State Securities Commission on the management of assets of the investment company carried out by the asset management company, according to the template in Annex 20 enclosed with this Circular; The report made by the supervisory bank must assess the conformity with law and the charter, in particular:

a) Assess the conformity of the asset management company in the investments and transactions of the investment company;

b) Assess the determination of the net asset value of the investment company, specifying the cases of incorrect valuation (if any);

c) The share offering of the investment company;

d) The violations (if any) committed by the asset management company, and the suggested solutions.

2. The supervisory bank shall send reports to the State Securities Commission within 24 hours from the discovery of the violations in the following cases:

a) The asset management company violates the laws on securities and securities market;

b) The damage caused by the asset management company is tremendous, and the cost of resolving consequences is too high;

c) Other cases at the request of the State Securities Commission.

3. Depository banks and supervisory banks must comply with the regulations applicable to asset management companies in Clause 6, 7, and 8 Article 35 of this Article.