The
SEC has initiated an issuance of a notification stipulating rules, conditions
and procedures for collecting, disposing, and distributing REIT assets, based
upon the Notification of the Capital Market Supervisory Board* applied to the
property funds, to lay down a practical guideline for consistent and
transparent practices of the business operators, taking into account
practicality without hindrance. A public
hearing on the proposed principles for the notification had been conducted
during 21 September-21 October 2022.
The SEC has taken into consideration the views and suggestions obtained from
related and interested parties in the drafting of the related notifications,
upon which a public hearing is being held. According to the proposed draft
notifications, the liquidator of trust property** shall have key
responsibilities to collect, dispose, as well as repay debts, distribute money
or assets to trust unitholders and deposit money or assets etc. In performing
the duties, the liquidator of trust property may delegate some duties, which
cannot be carried out by itself to those with expertise, e.g., soliciting and
coordinating with REIT asset buyers, preparing financial statements, and
proceeding with lawsuits etc. The collection, disposal and distribution of REIT
assets will be considered complete when the money or assets have been
distributed to the trust unitholders together with a copy of documents demonstrating
the remaining money or assets, calculated in value per unit, to be returned to
the trust unitholders, when a copy of financial statements have been submitted
to the unitholders or posted on the trustee’s web site, and when the money or
assets have been deposited with the Deposit of Property Office. The
consultation paper is available at the SEC web site: https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=955. Stakeholders and interested parties are welcome to submit
comments and suggestions through the website or email: nichaya@sec.or.th , parthomrat@sec.or.th , or pornkamola@sec.or.th . The public hearing
ends on 16 December 2023.
__________________
Remarks:
* The
Notification of the Capital Market Supervisory Board No. Tor Nor. 15/2562 Re:
Rules, Conditions and Procedures for Liquidation of Mutual Funds
** Refers to trustee, liquidator of the trustee or official receiver who
performs the duties of collecting, disposing and distributing assets, including
settling debts and expenses of the trust after its dissolution