Chương VI Thông tư 96/2020/TT-BTC I : Công bố thông tin của quỹ đại chúng, công ty đầu tư chứng khoán đại chúng

Chapter VI

INFORMATION DISCLOSURE BY PUBLIC FUNDS AND PUBLIC SECURITIES INVESTMENT COMPANIES

Article 26. Disclosure of periodic information about public funds

1. Disclosure of periodic information about a public fund

a) Financial statements

The securities investment fund management company must disclose annual financial statements audited by accredited audit organizations, reviewed half-year financial statements and quarterly financial statements of the fund. Contents of financial statements shall comply with accounting regulations applicable to relevant funds.  The time limit for disclosure of financial statements shall comply with Clauses 1, 2 and 3 Article 14 of this Circular.

b) Investment reports  

The securities investment fund management company shall monthly, quarterly and annually report and disclose reports on investments made by the fund in accordance with regulations on operation and management of securities investment funds.

c) Reports on net asset value

The securities investment fund management company shall disclose reports on changes to the net asset value of the public fund every week and disclose the fund's net asset value on the day following the valuation date in accordance with regulations on operation and management of securities investment funds.

d) Summary report on fund management

The securities investment fund management company shall disclose summary reports on fund management of a public fund on biannual and annual basis in accordance with regulations on operation and management of securities investment funds.

2. The securities investment fund management company shall disclose information about the General Meetings of Investors of the public fund according to regulations applicable to the GMS of public companies prescribed in Clause 3 Article 10 of this Circular.

3. Notwithstanding Clauses 1 and 2 of this Article, the securities investment fund management company shall fulfill other obligations to disclose information of a securities investment fund in accordance with regulations on operation and management of securities investment funds.

4. Except the financial statements prescribed in Clause 1 of this Article, the time limit for disclosing other periodic information of the public fund is determined as follows:

a) Information to be disclosed weekly shall be disclosed on the first day of the following week or on the day following the valuation date (regarding an open-end fund);

b) Information to be disclosed monthly shall be disclosed within 05 working days from the end of the latest month;

c) Information to be disclosed quarterly shall be disclosed within 20 working days from the end of the latest quarter;

d) Information to be disclosed biannually shall be disclosed within 45 days from the end of the latest 06 months (half of year);

dd) Information to be disclosed annually shall be disclosed within 90 working days from the end of the latest year.

Article 27. Disclosure of ad hoc information about public funds

1. The securities investment fund management company shall disclose information about a public fund on an ad hoc basis within 24 hours from the occurrence of any of the following events:

a) Ratification of decisions of the General Meetings of Investors;

b) Decisions on change to the charter capital of the closed-end fund;

c) Issuance or revocation of the certificate of public offering of public fund certificates;

d) Suspension or cancellation of the offering of public fund certificates; unsuccessful offering of public fund certificates;

dd) Revision to the charter or prospectus;

e) Decision on consolidation, merger, partial or full division, dissolution, change of operating period, or liquidation of assets of the public fund;

g) Issuance of certificate of fund establishment; decision on revision of the certificate of fund establishment;

h) Disclosure of record date, date of exercise of rights of investors or the fund;

i) Incorrect determination of the net asset value of the public fund;

k) Change of the fund's name, supervisory bank, securities investment fund management company; changes in authorized participants, market makers (regarding ETFs);

l) Excess of investment limits and adjustment of deviation of investment portfolio of the public fund;

m) Suspension of exchange transactions or tracking error exceeding the permissible limit (regarding ETFs); 

n) The cases prescribed in Points a, dd, g, l, n and o Clause 1 Article 11 of this Circular.

2. The securities investment fund management company must disclose information about the extraordinary General Meeting of Investors or collection of opinions of the General Meeting of Investors by questionnaire survey according to Clause 3 Article 11 of this Circular.

3. The securities investment fund management company must disclose other ad hoc information about the public fund in accordance with regulations on operation and management of securities investment funds.

4. When disclosing information about the events prescribed in Clauses 1, 2 and 3 of this Article, the securities investment fund management company must disclose the event, reasons, plans and remedial solutions (if any).

Article 28. Disclosure of periodic information about public securities investment companies

1. Financial statements

The securities investment fund management company must disclose annual financial statements audited by accredited audit organizations, reviewed half-year financial statements and quarterly financial statements of the public securities investment company according to Article 14 of this Circular.

2. Investment reports

The securities investment fund management company shall monthly, quarterly and annually disclose reports on investments made by the public securities investment company in accordance with regulations on operation and management of public securities investment companies.

3. Reports on changes in the net asset value

The securities investment fund management company shall weekly disclose reports on changes in the net asset value of the public securities investment company in accordance with regulations on operation and management of public securities investment companies.

4. Summary reports on management of public securities investment company

The securities investment fund management company shall biannually and annually disclose summary reports on management of the public securities investment company in accordance with regulations on operation and management of public securities investment companies.

5. The securities investment fund management company shall disclose information about the GMS of the public securities investment company according to Clause 3 Article 10 of this Circular.

6. Except the financial statements specified in Clause 1 of this Article, the time limit for disclosing other periodic information of the public securities investment company shall comply with Clause 4 Article 26 of this Circular.

Article 29. Disclosure of ad hoc information about public securities investment companies

1. The securities investment fund management company shall disclose information about the public securities investment company on an ad hoc basis within 24 hours from the occurrence of any of the following events:

a) Suspension or cancellation of the offering of shares of the public securities investment company;

b) Suspension of trading in shares of the public securities investment company;

c) Revision to the charter or prospectus;

d) Decisions on consolidation, merger, partial or full division, dissolution, change of operating period, or liquidation of assets of the public securities investment company; revocation of certificate of establishment and operation of the public securities investment company;

dd) Decisions on offering and issuance of shares of the public securities investment company; issuance of certificate of public offering of shares or certificate of registration of offering of additional shares; license for establishment and operation, or license for modification of the license for establishment and operation;

e) Decision on increasing or decreasing of charter capital;

g) Incorrect determination of the net asset value of the public securities investment company;

h) Change of the company’s name, the securities investment fund management company or supervisory bank;

i) Excess of investment limits and adjustment of deviation of the company’s investment portfolio;

k) Other events that may seriously affect the company’s financial capacity and operation;

l) The cases prescribed in Points a, c, dd, g, i, l, n and o Clause 1 Article 11 of this Circular.

2. The securities investment fund management company shall disclose information about the extraordinary GMS or ratification of resolution of the GMS by questionnaire survey of the public securities investment company according to Clause 3 Article 11 of this Circular.

3. The securities investment fund management company must disclose other ad hoc information about the public securities investment company in accordance with regulations on operation and management of securities investment funds.

Article 30. Disclosure of information on request about public funds and public securities investment companies

1. The securities investment fund management company shall disclose information about the public fund or the public securities investment company within 24 hours from the receipt of the request of SSC or SE upon the occurrence of any of the events specified in Clause 1 Article 12 of this Circular and the following cases:

a) There is information that affects the offering and/or price of public fund certificates or shares of the public securities investment company;

b) There are unusual changes in the price or volume of traded public fund certificates or shares of the public securities investment company;

c) Other events as requested by SSC or SE.

2. The securities investment fund management company shall disclose information at the request of SSC or SE where securities investment fund certificates are listed, including information about the event to be disclosed as requested by SSC or SE, reasons and degree of authentication of that event.