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29 November 2004
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The Chief Executive
All Authorized Institutions
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Dear Sir / Madam,
Initial Public Offering ("IPO") of the Link Real Estate
Investment Trust1 ("Link REIT")
In the light of the recent surge of
public interests in the Link REIT IPO, I am writing to draw your attention
to the supervisory requirements in relation to the IPO.
Although strictly speaking the Link
REIT IPO is not a new share issue, the nature and operations of the IPO
are very similar to a new share issue. Therefore, all the HKMA's
guidelines specified in the following circulars shall be applicable to the
IPO:
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"Financing of the subscription of new share
issues" dated 31 May 1993
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"Role of the receiving bank in new share
issues" dated 5 February 1994
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"Role of the receiving bank in new share
issues" (supplementary guideline) dated 30 May 2000
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"Initial Public Offering" dated 11 December
2003
Copies of these circulars are
available at the HKMA website (http://www.hkma.gov.hk).
Specifically, authorized
institutions' ("AIs") attention is drawn to the following
requirements:
Financing the subscription of the
Link REIT IPO
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As a normal practice, AIs should impose a
margin requirement of not less than 10% on lending to individual
brokers and customers to finance their subscription for the IPO.
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AIs should limit the total amount of such
lending to an amount that is well within the institution's ability
to obtain funding to meet its obligations on the day of settlement.
Such exposure cannot in any case be more than 25% of the AI's
capital base except to the extent that it is secured by cash deposits.
Receiving banks
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Receiving banks of the Link REIT IPO should
observe their credit limits for individual AIs when recycling
application monies. Any temporary increase of the normal interbank
limits should be properly justified and controlled, and should not
result in a limit to any individual AI to exceed 25% of the receiving
bank's capital base.
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The receiving banks should establish and
maintain good communication with the sponsors / listing agents on
resources planning, contingency measures and crowd management. They
should designate properly trained staff at receiving branches to
handle enquiries.
In addition, AIs are reminded of
the following requirements:
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AIs should ensure that their relevant
individuals strictly observe the restrictions on unsolicited calls
under the Securities and Futures Ordinance.
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Receiving banks should not distribute to the
general public (i.e. persons who are not their securities clients) any
IPO white application form which is pre-stamped with the company chop
of a broker.
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Before accepting the deposit of an IPO refund
cheque, the handling staff of an AI should verify both the name and
the printed part of Hong Kong identity card number / passport number
("the part ID number") of the payee shown on the cheque against
the AI's own records.
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There should be policies and procedures to
provide clear guidance to staff on how to handle the situation where
the part ID number shown on the refund cheque does not match with the
AI's own records.
Finally, AIs should ensure that
they comply with all applicable requirements issued by the Securities and
Futures Commission. If you have any questions on the contents of this
letter, please contact Mr Shu-Pui Li on 2878-1826 or Ms Alice Lee on
2878-1603.
Yours sincerely,
William A. Ryback
Deputy Chief Executive
1 A Real Estate Investment Trust ("REIT")
is a collective investment scheme constituted as a trust that invests
primarily in real estate with the aim to provide returns to holders
derived from the rental income of the real estate.
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c.c. |
SFC (Attn: Mrs Alexa Lam, Executive Director) |
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