Category Archives: Securities & FinTech

Allowable Investments of the REIT (Rule 5, REIT Rules): Full Text

[Table of Contents and Introduction / Salient PointsRules 1-3; Rule 4; Rule 5; Rule 6Rule 7Rule 8Rule 9Rules 10-11]

Rule 5 – Allowable Investments of the REIT 

SEC. 1. Allowable Investments. REIT may only invest in: 

1.1 Real estate. 

a. A REIT may invest in real estate located in the Philippines, whether freehold or leasehold. At least seventy-five percent (75%) of the Deposited Property of the REIT shall be invested in, or consist of, income generating real estate. Deposited Property that should be invested in Income-generating Real Estate located in the Philippines shall in no case be less than 35% of the Deposited Property. 

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Fund Manager (Rule 6, REIT Rules): Full Text

[Table of Contents and Introduction / Salient PointsRules 1-3; Rule 4Rule 5; Rule 6; Rule 7Rule 8Rule 9Rules 10-11]

Rule 6 – Fund Manager 

SEC. 1. Fund Manager. A REIT shall appoint a Fund Manager who shall be independent of the REIT, its promoter/s or sponsor/s. To ensure independence of the Fund Manager from the REIT, the following shall be complied with: 

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Fit and Proper Rule (Rule 8, REIT Rules): Full Text

[Table of Contents and Introduction / Salient PointsRules 1-3; Rule 4Rule 5Rule 6Rule 7; Rule 8; Rule 9Rules 10-11]


Rule 8 – Fit and Proper Rule 

SEC. 1. Fit and Proper Rule. To maintain the quality of management of the REIT and afford better protection to REIT investors, the Commission, or the concerned regulatory agency, shall prescribe or pass upon and review the qualifications of individuals elected or appointed as directors or officers of the REIT, REIT fund managers, REIT property managers, distributors and other REIT participants and disqualify those found unfit. The appropriate regulatory agency may disqualify, suspend or remove any director or officer who commits or omits an act which renders him unfit for the position. 

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Property Manager (Rule 7, REIT Rules): Full Text

[Table of Contents and Introduction / Salient PointsRules 1-3; Rule 4Rule 5Rule 6; Rule 7; Rule 8Rule 9Rules 10-11]


Rule 7 – Property Manager 

SEC. 1. Property Manager. A REIT shall appoint a Property Manager who shall be independent of the REIT, its promoter/s or sponsor/s. To ensure independence of the property manager from the REIT, the following shall be complied with: 

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Property Valuer (Rule 9, REIT Rules): Full Text

[Table of Contents and Introduction / Salient PointsRules 1-3; Rule 4Rule 5Rule 6Rule 7Rule 8; Rule 9; Rules 10-11]


Rule 9 – Property Valuer 

SEC. 1. Appointment of an Independent Property Valuer. A REIT shall appoint a duly accredited independent Property Valuer to prepare a full valuation of a REIT’s assets at least once a year in accordance with the applicable rules of asset valuation and valuation methodology prescribed by the Commission. 

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The Real Estate Investment Trust (REIT) Act of 2009 (Republic Act No. 9856): Full Text

[Full text of Republic Act No. 9856 is reproduced below. See also Implementing Rules and Regulations and Introduction / Salient Points.]


REPUBLIC ACT No. 9856

AN ACT PROVIDING THE LEGAL FRAMEWORK FOR REAL ESTATE INVESTMENT TRUST AND FOR OTHER PURPOSES 

ARTICLE I

GENERAL  PROVISIONS 

SECTION Short Title– This Act shall be known as “The Real Estate Investment Trust (REIT) Act of 2009“. 

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