2022-09-01
Added · Updated
The Securities Commission Malaysia issued the 5th Revision of the Prospectus Guidelines for Collective Investment Schemes on 1 September 2022 to incorporate feedback from its 2020 public consultation. The amendments introduce new disclosure requirements for exchange-traded funds regarding liquidity risk, cross trades, and derivative settlement while updating definitions and terminology throughout the document. Additionally, the revision eliminates physical document submission requirements by specifying that requisite information and documents must be submitted via the Commission's website.
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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
Part I - Chapter 2: Definitions and Interpretations
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.
– Paragraph 13.20 New paragraph inserted to prescribe the
disclosure in relation to securities lending and repurchase transactions.
– Paragraph 13.21 (a) New paragraph inserted to prescribe the
disclosure on percentage of collateralisation.
– Paragraph 13.25 New paragraph inserted to disapply disclosure
requirement that is not applicable to ETF.
– 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.
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 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.
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.
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Source: Securities Commission Malaysia — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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