MS Word - Securities Commission of Malaysia

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SC/UTF-NEW
APPLICATION FOR ESTABLISHMENT OF A NEW FUND
The Capital Markets and Services Act 2007 and the Securities Commission guidelines
governing collective investment schemes require a person(s) submitting or causing to
be submitted, any statement or information to the Commission to ensure that the
information submitted is not false or misleading and there is no material omission in
any respect. Non-compliance with the requirement shall subject the person to the
sanctions and penalties prescribed under the said Act.
DECLARATION
We declare that to the best of our knowledge and belief, all information given in this
application form is true and accurate.
……………………………………………………
Name of Authorised Signatory of Adviser1:
Designation:
Company:
Date:
……………………………………………………
Name of Authorised Signatory of Adviser1:
Designation:
Company:
Date:
……………………………………………………………….
Name of Director of Management Company2:
Designation:
Company:
Date:
1
Where the application is submitted through an adviser
Where the application is submitted by the management company
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A.
General
(1)
Details of the Management Company
Management Company
(1)
Name of company
(2)
Company registration no.
(3)
Capital Markets Services Licence
Date of issue
Date of anniversary
(2)
Note 1
Details of the Trustee
Trustee
(1)
Name of company
(2)
Company registration no.
(3)
Registration status
Date of registration
Date of expiry
(3)
Is the trustee a related-party trustee
Note 2
Yes
No
?
B.
Fund Management Function
(1)
Will the fund management function be delegated?
Yes
(2)
No
Please provide details of the personnel performing the fund management
function.
Designated Fund Manager
Note 3
(i)
Name
(ii)
Capital Markets Services
Representative’s Licence
Note 4
Date of issue
Date of anniversary
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(3)
Where the fund management function of any portion of the proposed fund is
being delegated Note 5, please provide details of the fund management company
and the personnel responsible for managing the proposed fund.
Delegate - Fund Management Company
(1)
Name of company
(2)
Date of incorporation
(3)
Registration no.
(4)
Capital Markets Services Licence
Date of issue
Date of anniversary
(5)
Note 1
Portfolio being delegated Note 6
Designated Fund Manager
Note 4
(1)
Name of person
(2)
Capital Markets Services
Representative’s Licence
Date of issue
Date of anniversary
C.
Features of the Proposed Fund
Fund Information
(1)
Name of fund Note 7
(2)
Fund category
(3)
Fund type
(4)
Investment objective
(5)
Investment strategy Note 9
(6)
Asset allocation (in percentage)
(7)
Performance benchmark
(8)
Income distribution policy and
mode of distribution Note 10
(9)
Distinctive / special feature Note 11
Note 8
Note 9
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Fees and Charges
(10)
Sales charge
(11)
Redemption charge
(12)
Management fee
(13)
Trustee fee
(14)
Other fees, if any
General Information
(15)
Initial offer price
(16)
Initial offer period
(17)
Investor profile
C.
Additional Information
(1)
Please provide any other pertinent information not specifically requested in this
form to support the application Note 12.
Instructions
1.
Please fill up one application form for each fund.
2.
Please tick ( ) in the relevant boxes, where appropriate.
3.
If a section is not applicable, please state “N/A” in the space provided.
4.
If the space provided is insufficient for your requirements, please continue on a separate
sheet of paper. Please indicate which section your additional information relates to.
5.
If the proposed fund has multiple classes of units, please provide the name and features
of each class of units on a separate sheet of paper. In addition, please submit a declaration
by the management company that it has the capacity to manage and administer multiple
classes of units for a unit trust fund.
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Notes
1.
Please insert the date for submission of the Anniversary Reporting for Authorisation of
Activity (“ARAA”) as required under the Licensing Handbook.
2.
A “related-party trustee” is a person referred to under Section 290(1)(a) to (c) of the CMSA.
A separate application must be made for approval of the appointment of a related-party
trustee (refer to Guidelines on the Appointment of a Related-party Trustee).
3.
Please note that a management company should appoint an individual as a designated
person responsible for the fund management function of the proposed fund, whether the
function is undertaken internally within the management company or externally.
4.
Please insert name as per NRIC, or passport (for foreign nationals).
5.
Where the fund management function is delegated to a person not licensed by the SC,
please submit an application to appoint such delegates as required under the Guidelines on
Unit Trust Funds and fill the relevant items.
6.
Please describe the portfolio being delegated, e.g. entire fund portfolio, equity portfolio.
7.
Please explain the meaning of the fund name chosen if it is not self-explanatory.
8.
Please comply with the following (where applicable):
9.

If the proposed fund is an Umbrella Fund or sub-fund of an Umbrella Fund, please
submit application forms for the Umbrella Fund and each of the sub-funds. For the
Umbrella Fund, only relevant information needs to be filled up in the application form.
Additionally, the application forms for the sub-funds must clearly state under item 1 of
Section C which Umbrella Fund it belongs to;

If the proposed fund is a Feeder Fund, please attach detailed information of the target
fund (item 1-14 of Section C) on a separate sheet of paper and a copy of the target
fund’s offering document (e.g. prospectus, information memorandum); and

If the proposed fund is a Guaranteed Fund, please attach an independent legal
opinion on the enforceability of the guarantee by the trustee.
Please state the investment strategy and asset allocation of the proposed fund to achieve
the stated investment objective. Sufficient detail should be provided on the characteristics of
the investments proposed including any distinctive or special feature or risk profile. For
example, where there are proposed investments in derivatives, sufficient detail should be
provided on the underlying of the derivatives and the impact on the fund’s volatility.
10. Please state the income distribution policy (eg. incidental, annual) and mode of distribution
(ie. cash or reinvested into additional units) of the proposed fund.
11. Please state any distinctive or special feature of the proposed fund in terms of its structure,
limitation of investors’ rights or liabilities, limited offer period, fixed maturity of fund, special
fees/charges or any other features that may reasonably be expected to have a material
impact on investors.
12. Pertinent information would include if there is a viable size for the proposed fund.
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