After considering the issuance of rules, conditions and
procedures for collecting, disposing of and allocating assets of REITs to
provide business operators with clearer and more consistent and practical
guidelines without imposing obstacles for business operators, the SEC has now
issued four notifications of regulations concerning the collection, disposal
and allocation of REIT assets, with the key points as summarized below:
1) REIT manager has
the duty to notify the SEC for the termination of the trust property, as well
as gather all accounts, evidentiary documents and financial statements of the
trust property for the liquidator*;
2) The liquidator has the primary duty
to collect assets, dispose of assets, pay debts, distribute funds or assets to REIT
unitholders, and deposit assets, etc. The collection, disposal and allocation
of REIT assets shall be deemed complete after the liquidator has distributed
the funds or assets, along with copies of documents showing the amount of funds
or assets per unit to be returned to the unitholders. Additionally, the
liquidator is required to send copies of the financial statements to the
unitholders or publish them on the liquidator's website, as well as deposit
assets at the Deposit of Property Office, if applicable.
3) The liquidator may delegate certain tasks that they are unable to perform
to specialists, such as finding or contacting buyers of the assets, preparing
financial statements, and bringing legal action, etc. The relevant
notifications** have become effective since 16 May 2024.
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Notes:
* Liquidator means trustee, liquidator of trustee or an official
receiver responsible for collecting, disposing of and allocating assets,
including paying debts and expenses of the trust property when the REIT is
terminated.
** Four relevant notifications of regulations are:
(1) Notification of the Office
of the Securities and Exchange Commission No. Sor Ror. 9/2567 Re: Rules,
Conditions and Procedures for Collection, Disposal and Allocation of Assets of
Real Estate Investment Trust, dated 22 April 2024: https://publish.sec.or.th/nrs/10218p_r.pdf;
(2) Notification of the Office
of the Securities and Exchange Commission No. Sor Shor. 10/2567 Re: Rules,
Conditions and Procedures for the Approval of REIT Manager and Standard Conduct
(No. 7), dated 22 April 2024: https://publish.sec.or.th/nrs/10219p_r.pdf;
(3) Notification of the
Office of the Securities and Exchange Commission No. Sor Ror. 11/2567 Re: Provisions relating to Particulars, Terms and Conditions in
a Trust Instrument of Real Estate Investment Trust (No. 19), dated 22 April
2024: https://publish.sec.or.th/nrs/10220p_r.pdf;
(4) Notification of the
Office of the Securities and Exchange Commisison No. Sor Thor. 12/2567 Re:
Rules, Conditions and Procedures for Application or Notification through
Electronic Methods (No. 3), dated 22 April 2024: https://publish.sec.or.th/nrs/10225p_r.pdf and Attachment 1: https://publish.sec.or.th/nrs/10224s.pdf