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The Capital Markets (Real Estate Investment Trusts) (Collective Investment Schemes) Regulations

105. Notification and compliance report by the trustee

Edition: 2023-10-06 · In force

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105. Notification and compliance report by the trustee

The trustee shall, in addition to any other requirement for notification under the Act or these Regulations, notify the Authority, within seven days of—
(a)its becoming aware of any failure, act or omission by the trustee, REIT manager, property manager including any person appointed by the REIT manager, the valuer or project manager certifier which constitutes or may constitute a breach of any provisions of the Act, these Regulations or the scheme documents and any steps taken by the trustee to rectify the breach as soon as possible;
(b)the appointment, removal or retirement of the—
(i)REIT manager;
(ii)auditor;
(iii)valuer;
(iv)project manager certifier;
(v)structural engineer; or
(vi)Shariah adviser;
(c)amendments to the trust deed;
(d)appointment or changes to the compliance officer of the trustee;
(e)amendments to any REIT manager agreement or other scheme document;
(f)acquisition or disposal of any real estate assets;
(g)any resolution passed to wind up the real estate investment trust;
(h)any resolution proposed to remove the trustee or the REIT manager; and
(i)the completion of the termination or winding up of the real estate investment trust.
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Source: Kenya Law