Unit Trusts Act, 1990

Prohibition of certain transactions and making of certain profits by management companies under unit trust schemes and by certain other persons.

13.—(1) Neither a management company under a unit trust scheme nor, where the management company is a body corporate, a subsidiary or a holding company of that body or a subsidiary of the holding company of that body or a director or person engaged in the management of such body or company, shall carry out transactions for itself or himself, or make a profit for itself or himself from transactions, in any assets held under the scheme.

(2) A management company or a trustee under a unit trust scheme (not being a unit trust scheme to which section 9 (2) applies) or, where the management company or trustee is a body corporate, a subsidiary or a holding company of that body, or a subsidiary of the holding company of that body, shall not—

(a) borrow money on behalf of the scheme for the purpose of acquiring securities or other property for the scheme, or

(b) lend money that is subject to the trusts of the scheme to a person to enable him to purchase units of the scheme, or

(c) mortgage or charge, or impose any other incumbrance on, any securities or other property subject to the trusts of the scheme.

(3) Subsection (1) or (2) shall not apply to the extent that the Bank may specify in a condition imposed by it under section 5 .

(4) Subsection (2) shall not have effect with respect to a trustee under a unit trust scheme to which that subsection applies or, where such trustee is a body corporate, a subsidiary or a holding company of that body, or a subsidiary of the holding company of that body, until the day which is 3 months after the date of passing of this Act.

(5) A person who contravenes this section shall be guilty of an offence.