KUALA LUMPUR: The Securities Commission (SC) yesterday issued the revised Guidelines on Real Estate Investment Trusts to enhance the attractiveness of Bursa Malaysia as a destination for real estate investment trust (REIT) listings and promote a vibrant and competitive REIT industry domestically and regionally.

In a statement here yesterday, the SC said the guidelines, which were in line with internationally-accepted standards and practices, addressed several practical issues affecting industry players in the management and promotion of REITs as an attractive investment vehicle.

“They also include measures to promote higher standards of conduct by market intermediaries,” it said.

The SC said following the measures announced in Budget 2008 to encourage foreign REIT management companies to set up operations in Malaysia and list their REITs on Bursa Malaysia, the guidelines now allowed up to 70 per cent foreign shareholding in REIT management companies, an increase from 49 per cent since 2005.

“In addition, the revised guidelines provide greater flexibilities for REIT managers to manage their REITs portfolio mix.

“For example, REIT managers will have more freedom to invest in foreign real estates. It also allows a portion of a REITs portfolio to consist of real estates that it does not wholly-own or have a majority ownership,” it said.

According to SC, REIT managers were now able to raise funds faster for acquisitions or capital expenditure purposes.

“The guidelines were also revised to allow REIT managers to seek a general mandate from unit holders for issuance of units up to 20 per cent of its fund size.

“Previously, the issuance of any number of new units required REIT managers to hold meetings to seek unit holders’ specific approval,” it said.

It said the SCs prior approval on real estate valuation was now only required where acquisition of a real estate was financed, or re-financed within one year, through the issuance of new units.

“In all other circumstances, the SC will conduct a post-review of the valuations to ensure that they are reasonable and well-supported,” it said.

The SC said it has also taken measures to strengthen investor protection by promoting higher standards of conduct by market intermediaries.

“This is reflected in the new requirement directing REIT managers to appoint a designated person responsible for compliance.

“This ensures securities laws, land laws, guidelines and rules are complied with at all times, and also streamline similar requirement between REIT managers and all other capital market intermediaries,” it said.

SC said to further safeguard investor interest, REITs would not be allowed to acquire non-income generating real estates such as vacant land, and may only acquire property that was under construction or uncompleted real estates up to 10 per cent of its total asset value.

It said rules governing related-party transactions had been introduced to regulate such transactions and trustees now had a greater role to play in related-party transactions.

The SC said additionally, the new guidelines required principal advisers to comply with the Guidelines on Principal Advisers for Corporate Proposals.

“These specify who can act as principal advisers for the submission of corporate proposals to the SC, in addition to the required competency standards for principal advisers when dealing with corporate proposals involving initial public offers of REITs on Bursa Malaysia,” it said.

The REITs Guidelines also make reference to the need to comply with the Guidelines on Due Diligence Conduct for Corporate Proposals which sets out the SCs expectations on issuers, advisers and experts in their conduct of due diligence to ensure that investors can make informed investment decisions based on sound and accurate information.

The revised REITs Guidelines, which come into effect yesterday, are available at www.sc.com.my.

— Bernama