COLL S4.8 Independent Entity

(1) The following information about the independent entity:
(a) its name;
(b) the nature of its legal status;
(c) the date and place of its incorporation;
(d) whether it is an authorised firm;
(e) if it is an authorised firm—the address of its registered office in the QFC;
(f) if it is not an authorised firm—the following:
(i) its contact details and address for service;
(ii) the regulatory regimes and legal systems (including insolvency laws) to which it is subject;
(iii) the regulatory authorisations (however described) held by it;
(iv) its arrangements for safeguarding the scheme property and its use of agents and service providers;
(v) the obligations applying to it, and the recourse available against it by the operator, the Regulatory Authority and unitholders, under those regulatory regimes and legal systems in relation to anything done or not done by it in relation to the scheme;
(vi) whether it has submitted to the jurisdiction of the Regulatory Authority, the QFC Court or both;
(g) if it is a subsidiary—the name of its ultimate parent entity and the jurisdiction where the parent company is incorporated;
(h) if the duration of its legal status is limited—when its legal status will or may cease;
(i) if it has share capital—the amount of its issued share capital and the amount paid up;
(j) a summary of its functions under these rules in relation to the scheme;
(k) a summary of the material provisions of the contracts to which it is a party in relation to the scheme that may be relevant to unitholders, including provisions (if any) relating to remuneration, remuneration sharing, termination, compensation on termination, and indemnity;
(l) a description of its main business activity;
(m) a summary of any outsourcings entered into by it under these rules in relation to the scheme.
(2) If the independent entity is not an authorised firm, a statement that the scheme property may be held in a jurisdiction outside the QFC and that the market practices, insolvency law and legal system applying in that jurisdiction may differ from those applying in the QFC.
Derived from QFCRA RM/2010-05 (as from 1st January 2011)