Chapter V
REPORTING OBLIGATIONS
Article 36. Communication with investors and reporting obligations of fund management companies
1. A fund management company must send the State Securities Commission a periodic report as follows:
a) Weekly report on change in net asset value of the real estate investment trust or the real estate securities company, made by using the form given in the Appendix No. 25 hereto;
b) Monthly, quarterly or annual report on investments of the real estate investment trust or the real estate securities company, made by using the form given in the Appendix No. 22 hereto;
c) Half-year and full-year review report on performance of the real estate investment trust or the real estate securities company, including basic contents specified in the Appendix No. 24 hereto, enclosing valuation or revaluation results reports made by valuing bodies within the reporting year (using the form given in the Appendix No. 17 hereto) and annual reports on results achieved from use and management of real property, made by the real estate management body;
d) Prospectus, summary prospectus; audited quarterly, semiannual and annual financial statements of the trust or the securities investment company;
2. Documents referred to in clause 1 of this Article must be provided free of charge to investors on the website of the trust, or sent directly to the email address of each investor or in other forms specified in the trust’s Charter, the Charter of the securities investment company or the prospectus.
3. The investor may refuse to receive those documents regulated in clause 2 of this Article. As requested by an investor, the trust’s fund management company shall be obliged to inform procedures for management of risks, clarify restrictions, methods of prevention and management of risks likely to arise during use for the purposes of management of assets of the trust or the securities investment company.
4. Time limits for submission of reports:
a) As for monthly reports, the time limit is ten (10) days from the end date of the reporting month; b) As for quarterly reports, the time limit is twenty (20) days from the end date of the reporting quarter; c) As for semiannual reports, the time limit is sixty (60) days from the end date of the second quarter;
d) As for annual reports, the time limit is ninety (90) days from the end date of a fiscal year;
5. In addition to reports specified in this Article, where necessary, in order to protect common interests and individual interests of each investor, the State Securities Commission can request the trust’s fund management company to report on activities of the trust or the securities investment company.
6. The trust’s fund management company shall report to the State Securities Commission within forty eight (48) hours of receipt of a request for submission of report as provided in clause 5 of this Article.
7. Reports submitted to the State Securities Commission and electronic versions thereof must be sent.
Article 37. Reporting obligations of supervisory banks
1. A supervisory bank must prepare and send the State Securities Commission a monthly, quarterly or annual report on activities of management of assets of the trust or the securities investment company, prepared by the trust’s fund management company by using the form stipulated in the Appendix No. 23 hereto. Supervisory reports of the supervisory bank must make assessments of compliance with laws and regulations of the Charter of the trust or the real estate securities company, including the following assessments:
a) Regulatory compliance of the trust’s fund management company of investment activities and transactions of the trust or the securities investment company;
b) Determination of value of net assets of the trust or the real estate securities company. This assessment provides details about cases of incorrect valuation of assets of the trust or the securities investment company (if any);
c) Issuance of stock certificates or offering of shares of the real estate securities company;
d) Any violation committed by the trust’s fund management company and recommendations about solutions and mitigation actions.
2. The supervisory bank shall be obliged to report to the State Securities Commission within twenty four (24) hours from the date on which a violation is detected in the following situations:
a) The trust’s fund management company is in breach of laws on securities and stock markets;
b) Losses resulting from management of assets of the trust’s fund management company are substantial and expenses for compensation for consequences of such losses are too expensive;
c) Any other situation as regulated by the State Securities Commission arises.
3. The supervisory bank must comply with regulations applied to fund management companies as provided in clauses 4, 5, 6 and 7 of Article 36 herein.
Tìm kiếm
Thông tư 228/2012/TT-BTC (Bản Word)