Rule · CVM · 11 Sep 2009
CVM Instruction No. 478 amends Articles 18, 51, and 64 of CVM Instruction No. 472 to establish new requirements for Real Estate Investment Trusts (REITs). Article 18 mandates the review of asset valuation reports used for quota capitalization. Article 51 requires the presentation of the fund's asset movement statement accompanied by an independent auditor's opinion. Article 64 stipulates that the approval of a fund's transformation requires an affirmative vote from quota holders representing at least half of the issued quotas, unless the fund's regulations specify a higher quorum. The instruction entered into force on the date of its publication.
CVM INSTRUCTION NO. 478, OF SEPTEMBER 11, 2009
Amends CVM Instruction No. 472, of October 31, 2008, which provides for the constitution, administration, operation, public offering and distribution of quotas, and the disclosure of information of Real Estate Investment Trusts – REITs.
THE PRESIDENT OF THE SECURITIES AND EXCHANGE COMMISSION – CVM makes public that the Collegiate Body, in a meeting held on September 8, 2009, based on arts. 8, item I, and 19, § 5º, of Law No. 6.385, of December 7, 1976, and art. 4 of Law No. 8.668, of June 25, 1993,
APPROVED the following Instruction:
Art. 1. Arts. 18, 51 and 64 of CVM Instruction No. 472, of October 31, 2008, shall enter into force with the following wording:
“Art. 18. ...
...
VIII – review of the asset valuation report used in the capitalization of the fund’s quotas; ...” (NR)
“Art. 51. ...
...
II – the statement of the fund’s asset movement referred to in art. 50, accompanied by the independent auditor’s opinion; and ...” (NR)
“Art. 64. ...
...
§ 1. The approval of the transformation referred to in the main text depends on an affirmative vote from quota holders representing, at minimum, half of the issued quotas, if the quorum fixed by the fund’s regulations is not higher. ...” (NR)
Art. 2. This Instruction enters into force on the date of its publication.
Signed original by
MARIA HELENA DOS SANTOS FERNANDES DE SANTANA
President
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“Amends CVM Instruction No. 472, of October 31, 2008, which provides for the constitution, administration, operation, public offering and distribution of quotas, and the disclosure of information of Real Estate Investment Trusts – REITs.”
“XII – CVM Instruction No. 478, of September 11, 2009;”
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