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SUMMARY OF AMENDMENTS
REVISED PROSPECTUS GUIDELINES FOR COLLECTIVE INVESTMENT SCHEMES
(Date of Issuance: 1 September 2022)
The following table provides a summary of key amendments to the revised Prospectus Guidelines for Collective Investment Schemes (Guidelines)
issued on 1 September 2022:
A. Overview
- Incorporating applicable amendments with appropriate modifications pursuant to the Securities Commission Malaysia’s (SC) Public
Consultation Paper No. 1/2020 (CP) that was issued on 11 November 2020.
- Housekeeping amendments throughout the Guidelines to provide greater clarity and consistency. These amendments include stylistic or
formatting changes and necessary changes of an editorial nature such as renumbering and rephrasing of certain requirements and contents,
standardisation of terminology, updating of information, grammatical corrections and alphabetical order.
Summary of Amendments to the Revised Prospectus Guidelines for Collective Investment Schemes (5th Revision)
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B. Amendment Highlights
No. Prior to 1 September 2022 Revised Version Dated
1 September 2022 Comments
Part I - Chapter 2: Definitions and Interpretations
- Paragraph 2.01 Paragraph 2.01 Definition for “country-specific government
bond or fixed income fund”, “repurchase
transactions” and “securities lending” is deleted
and replaced with a general definition given
these terms are used in connection with
prospectus of funds other than unit trust funds.
The term “net asset value (NAV)” is amended to
“NAV” and it is to mean “net asset value”.
Deleted “non-complex fund” as the term is not
being used in the Guidelines.
Part II – Chapter 2: Inside Cover/First Page
- Paragraph 2.03 Paragraph 2.03 (b) Repositioned the requirement under the
previous paragraph 1.05 of Part II, to prescribe
for a warning statement on distribution out of
capital.
Part III – Chapter 7: Key Parties
- Paragraph 7.10 (a) Paragraph 7.10 (a) Amended to replace the term “designated
person” with “Shariah officer” following the
amendment made to Chapter 4 of Part II.
- Paragraph 7.11 – Deleted to remove disclosure requirement on
panel of advisers.
Summary of Amendments to the Revised Prospectus Guidelines for Collective Investment Schemes (5th Revision)
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B. Amendment Highlights
No. Prior to 1 September 2022 Revised Version Dated
1 September 2022 Comments
Part III – Chapter 13: Specific Requirements for Exchange-traded Funds
- – Paragraph 13.05 New paragraph inserted to allow information in
the corporate directory to be incorporated by
referencing to the management company’s
website.
- Paragraph 13.09 Paragraphs 13.10 (a) and (b) Amended to provide for the disclosure
pertaining to liquidity risk.
- Paragraph 13.10 (b)(i) Paragraphs 13.11 (b)(i) Amended to prescribe the disclosure for
country-specific government bond or fixed
income fund.
- Paragraph 13.10 (c) Paragraphs 13.11 (c) Amended to provide for the disclosure
pertaining to liquidity risk management.
- – Paragraphs 13.11(h) New paragraph inserted to prescribe the
disclosure pertaining to policy on cross trades.
- Paragraph 13.13 (a) Paragraph 13.14 (a) Amended to provide greater clarity and
consistency with the amendment made to
Chapter 4 of Part II.
- Paragraph 13.17 Paragraph 13.18 Amended to include reference to “embedded
derivatives”.
- Paragraph 13.17 (c) Paragraph 13.17 (d) Repositioned the requirement under a
paragraph which prescribes requirement
relating to leveraged and inverse ETF.
- – Paragraph 13.18 (d) New paragraph inserted to prescribe a
statement relating to derivative settlement
when the derivative is on commodity.
Summary of Amendments to the Revised Prospectus Guidelines for Collective Investment Schemes (5th Revision)
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B. Amendment Highlights
No. Prior to 1 September 2022 Revised Version Dated
1 September 2022 Comments
10. – Paragraph 13.20 New paragraph inserted to prescribe the
disclosure in relation to securities lending and
repurchase transactions.
11. – Paragraph 13.21 (a) New paragraph inserted to prescribe the
disclosure on percentage of collateralisation.
12. – Paragraph 13.25 New paragraph inserted to disapply disclosure
requirement that is not applicable to ETF.
13. – Paragraph 13.28 New paragraph inserted to prescribe
requirement relating to the cost involved in
acquisition and disposal of assets by the ETF.
Part VI – Chapter 1: General
- Paragraph 1.03 Paragraph 1.03 Amended to provide for the information and
documents to be submitted to the SC to be
specified on the SC’s website.
Part VI – Chapter 2: Registration of an Unlisted Fund’s Prospectus
- Paragraph 2.04 Paragraph 2.04 Amended pursuant to the disapplication of
requirement for submission of physical
documents to the SC.
- Paragraph 2.06 (a) Paragraph 2.06 (a) Amended as the requisite information will be
prescribed on the SC’s website.
- Paragraph 2.06 (b) – Deleted pursuant to the disapplication of
requirement for submission of physical
documents to the SC.
- Paragraphs 2.06 (j) and (k) – Deleted as the requisite information will be
prescribed on the SC’s website.
Summary of Amendments to the Revised Prospectus Guidelines for Collective Investment Schemes (5th Revision)
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B. Amendment Highlights
No. Prior to 1 September 2022 Revised Version Dated
1 September 2022 Comments
5. Paragraph 2.07 – Deleted as the specification will be made on the
SC’s website.
Part VI – Chapter 3: Registration of a Listed Fund’s Prospectus
- Paragraph 3.04 (a) Paragraph 3.04 (a) Amended as the requisite information will be
prescribed on the SC’s website.
- Paragraph 3.06 (b) – Deleted pursuant to the disapplication of
requirement for submission of physical
documents to the SC.
- Paragraph 3.10 (a) Paragraph 3.10 (a) Amended as the requisite information will be
prescribed on the SC’s website.
- Paragraph 3.13 – Deleted as the specification will be made on the
SC’s website.
- Paragraph 3.19 (a) Paragraph 3.18 (a) Amended as the requisite information will be
prescribed on the SC’s website.
Part VI – Chapter 4: Lodgement of a Prospectus
- Paragraph 4.01 (a) Paragraph 4.01 (a) Amended as the requisite information will be
prescribed on the SC’s website.
- Paragraph 4.01 (b) – Deleted pursuant to the disapplication of
requirement for submission of physical
documents to the SC.
Guidance
-
- Guidance to paragraph 13.11 (c) – Part
III
New Guidance inserted to provide clarity on
disclosure relating to liquidity risk management.
- Guidance to paragraph 1.03 – Part IV Guidance to paragraph 1.03 – Part IV Amended pursuant to disapplication of
requirement for submission of physical
documents to the SC.
Summary of Amendments to the Revised Prospectus Guidelines for Collective Investment Schemes (5th Revision)
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B. Amendment Highlights
No. Prior to 1 September 2022 Revised Version Dated
1 September 2022 Comments
3. Guidance to paragraphs 3.02 and 3.20 – Part
VI
Guidance to paragraphs 3.03 and 3.21 –
Part VI
Amended to rectify typographical errors.