Entire Section
CIR A2.1 CIR A2.1 Nomination of a Chair
CIR A2.1.1
(1) AFund Manager of aPublic Fund , or in the case of aFund which is structured as anInvestment Trust , theTrustee , must nominate in writing aPerson to be the chairman of a meeting ofUnitholders and such aPerson must be aUnitholder other than theFund Manager .(2) If no such chairman is nominated or if at any meeting thePerson nominated is not present within 15 minutes after the time appointed for holding the meeting, theUnitholders present must choose another chairman.(3) In the case of an equality of votes cast whether on a show of hands or on a poll in respect of a resolution put to a meeting of theUnitholders , any chairman appointed in accordance with theConstitution or under theseRules is entitled to a casting vote in addition to any other vote the chairman may have.Derived from RM72/2010 (Made 11th July 2010). [VER13/07-10]
[Amended] DFSA RM137/2014 (Made 21st August 2014). [VER17/06-14]Notice of Meetings
CIR A2.1.2
(1)Unitholders of aPublic Fund must be given at least 14 days written notice or any longer period of notice specified for the purpose in theConstitution or theseRules , inclusive of the date on which the notice is first served and the day of the meeting.(2) The notice must specify the place, day and hour of the meeting and the terms of the resolutions to be proposed.(3) In the case of anInvestment Trust , unless theTrustee has convened the meeting, a copy of the notice must be sent to the Trustee no later than the time at which it is sent to theUnitholders .(4) The accidental omission to give notice to, or the non-receipt of notice by, any of theUnitholders does not invalidate the proceedings at any meeting.(5) Notice of any adjourned meeting ofUnitholders must be given toUnitholders and, if relevant, to theTrustee .Derived from RM72/2010 (Made 11th July 2010). [VER13/07-10]Quorum
CIR A2.1.3
(1) In the case of anInvestment Trust , the quorum at a meeting ofUnitholders is theUnitholders present in person or by proxy or, in the case of a body corporate, by a duly authorised representative, of one-tenth in value or any proportion more than one-tenth in value specified for this purpose in theTrust Deed of all theUnits in issue.(2) In the case of anInvestment Company , the quorum at a meeting ofUnitholders is twoUnitholders , present inPerson or by proxy or, in the case of aBody Corporate , by a duly authorised representative.(3) Business must not be transacted at any meeting unless the requisite quorum is present at the commencement of business.(4) If within half an hour from the time appointed for the meeting, a quorum is not present, the meeting:(a) if convened on the requisition or request ofUnitholders , must be dissolved; and(b) if any other case, must stand adjourned to:(i) a day and time which is seven or more days after the day and time of the meeting; and(ii) a place to be appointed by the chairman if a chairman has been appointed in accordance with theConstitution or otherwise by theOperator .(5) If, at an adjourned meeting under (4)(b), a quorum is not present within 15 minutes from the time appointed for the meeting, one person entitled to be counted in a quorum present at the meeting is a quorum.(6) Notice of any adjourned meeting ofUnitholders must be given toUnitholders . That notice must state that one or moreUnitholders present at the adjourned meeting whatever their number and whatever the number ofUnits held by thatUnitholder orUnitholders will form a quorum.Derived from RM72/2010 (Made 11th July 2010). [VER13/07-10]CIR A2.1.4
(1) NoFund Manager , or other member of theGoverning Body of theFund is entitled to be counted in the quorum of, and noFund Manager or other member of theGoverning Body of theFund nor any associate of such aPerson is entitled to vote at, any meeting of theFund .(2) The prohibition in (1) does not apply to the exercise of voting rights attaching to anyUnits which theFund Manager or other member of theGoverning Body of theFund or its associate holds on behalf of, or jointly with, anotherPerson who is not subject to the prohibition in (1) and from whom theFund Manager or other member of theGoverning Body of theFund or its associate, as the case may be, has received voting instructions.(3) Therefore, for the purpose ofRule ,Units held, or treated as held, by anyFund Manager or other member of theGoverning Body of theFund , must not, except as mentioned in (2), be regarded as being in issue.Derived from RM72/2010 (Made 11th July 2010). [VER13/07-10]CIR A2.1.5
If a resolution is required under these Rules for the approval of a
Related Party Transaction , aUnitholder who is theRelated Party proposing to enter into the transaction, and aUnitholder who is anAssociate of thatRelated Party , is not entitled to vote on the resolution.[Added] RM158/2015 (Made 9th December 2015). [VER19/02-16]