Unit Trusts Act, 1990

Powers of Bank.

5.—(1) Notwithstanding any other powers which may be available to the Bank under any other enactment, the Bank may impose such conditions for the authorisation of a unit trust scheme under section 4 as it considers appropriate and prudent for the purposes of the orderly and proper regulation of the business of unit trust schemes.

(2) The power to impose conditions referred to in subsection (1) shall include power to impose such conditions from time to time in respect of the manner in which the business of a unit trust scheme authorised under section 4 shall be operated as the Bank considers appropriate and prudent for the purposes referred to in subsection (1).

(3) Conditions imposed under this section may be imposed generally or on a particular unit trust scheme, or by reference to particular classes of scheme, or by reference to any other matter the Bank considers appropriate and prudent for the purposes referred to in subsection (1).

(4) Without prejudice to the generality of subsections (1), (2) and (3), conditions imposed by the Bank on a unit trust scheme may make provision for any or all of the following matters—

(a) the prudential requirements of the investment policies of the scheme,

(b) borrowing policies of the scheme,

(c) prospectuses and other information disseminated in relation to the scheme,

(d) such other supervisory and reporting requirements and conditions relating to its business.

(5) The Bank may amend or revoke a condition imposed by it under this section.

(6) The management company and trustee under an authorised unit trust scheme shall comply with any conditions imposed by the Bank under this section and which are applicable to that scheme.