不動產證券化條例施行細則

1These Rules are enacted in accordance with Article 67 of the Real Estate

2Securitization Act (hereinafter referred to as the “Act”).

1The alterations of the real estate investment trust plan and the real

2estate asset trust plan, which has no significant influence on the

3rights and interests of the beneficiaries, as described under the

4provisos of Article 9, Paragraph 2 and Article 32, Paragraph 2 of the

5Act refers to the following situations:

61. the shortening of the duration of the real estate investment trust

7funds or the real estate asset trust contract after the real estate

8investment trust contract or the real estate asset trust contract

9is terminated and the cash from the disposition of the trust

10property is allocated;

112. alterations are made by a written consent of the entire

12beneficiaries in accordance with the entry in the real estate

13investment trust plan or a real estate asset trust plan;

143. amendments or supplements as agreed by the contracting parties of

15the real estate investment trust contract or the real estate asset

16trust contract, where they involve alterations to the requisite

17items to be included in the real estate investment trust plan or

18the real estate asset trust plan. However, the amendments or

19supplements are limited to those for which an attorney-at-law

20issued legal opinions to determine that they corrected obvious

21mistakes in the original agreement, clarified ambiguity in the

22original agreement, or made supplements that did not contradict

23other agreements, and declared that there were no major influence

24on the beneficiaries; or

254. other events as determined by the competent authority.

26When an alteration of a real estate investment trust plan or a real

27estate asset trust plan has no significant influence on the rights and

28interests of the beneficiaries, the Trustee shall inform the

29beneficiaries or make an announcement of such plan pursuant to Article

3041 of the Trust Enterprise Law.

1A trustee shall submit the settlement statement and report regarding

2the real estate investment trust plan or the real estate asset trust

3plan to the competent authority within thirty (30) days after the

4implementation of said plan is complete.

5The format of the settlement statement and report referred to in the

6preceding paragraph shall be drafted by the Trust Association and

7submitted to the competent authority for approval.

1Pursuant to Article 10, Subparagraph 17 and Article 33, Subparagraph

214 of the Act, real estate investment trust contracts and real estate

3asset trust contracts shall contain the name or title of the beneficiary

4as specified in Article 19, Paragraph 1 of the Trust Enterprise Law.

5If a beneficiary is still not confirmed at the time of signing said

6contracts, but may be confirmed thereafter, the identification of the

7beneficiary may be specially processed in accordance with the

8specifications by the trustor.

(deleted)

1The term “principal office” as mentioned in Article 19, Paragraph 3,

2Article 22, Paragraph 4, Article 26, Paragraphs 1 and 6, Article 55,

3Paragraph 2, and Article 56, Paragraph 4 of the Act refers to the

4location of the company or the registered location of the business

5license where a bank concurrently engages in trust business.

1When processing a trust registration, a real estate investment trust

2shall make the registration in the name of the Trustee and state real

3estate investment trust funds and property in the column of other

4registration matters of the registration book.

(deleted)

1The documents and information of trust property provided by a trustor

2pursuant to Article 29, Paragraph 3 of the Act shall contain the

3indication regarding trust property, nature of rights, legal

4appropriation, permit or control, the specification of debt related to

5trust property, and the encumbrance of trust property.

1The written documents regarding the specification of debt provided by

2the Trustor pursuant to Article 30, Paragraph 3 of the Act shall contain

3the following items:

41. the debt secured by trust property;

52. the balance of debt; and

63. the specification of debt regarding a direct or indirect

7relationship of the creditor’s rights and debt concerning other

8commitments, guarantees, or loans made between the trustor and a

9third party, which may have influence on the implementation effects

10of trust matters if not performed.

The term “encumbrance of trust property” as mentioned in Item 2, Subparagraph 4, Paragraph 1 of Article 31 of the Act means the rights of a third party to make direct claim on trust property, such as superficies, easements, mortgage, dien, or leasehold.

1When beneficiaries exercise their voting rights, redeem their

2principals and receive profits, interests, or other proceeds accrued

3therefrom pursuant to the Act, whether they are required to present

4Beneficial Securities shall be processed in accordance with the

5agreements in the real estate investment trust contract or the real

6estate asset trust contract.

1The trustee, Trust Supervisor, or the Trustor of a real estate

2investment trust plan or a real estate asset trust shall not function

3as a certification agency for the Beneficial Securities issued in

4accordance with the real estate investment trust plan or the real estate

5asset trust plan.

6The lead underwriter shall not function as the certification agency for

7the same series of Beneficial Securities issued in accordance with the

8real estate investment trust plan or real estate asset trust plan.

9Securities concurrently issued in the same series in accordance with

10the real estate investment trust plan or real estate asset trust plan

1These Enforcement Rules shall be enforced as of the date of

2promulgation.

3If the translations of the texts differ from the original Chinese texts, the

4original texts are preferential.