Rights of investors and availability of information
Investors should refer to the instrument of incorporation of an OFC, (which is the constitutive document for an OFC, similar to a trust deed in the case of a unit trust), and the offering document of the OFC for their rights as shareholders of the OFC and operational details of the OFC.
Where to find information?
A range of information will be provided for search by the Companies Registry, such as names of OFCs, instrument of incorporation, the index of directors, address of registered office etc.
Investors are also entitled to inspect the register of directors kept by an OFC. In addition, shareholders are entitled to inspect the register of shareholders of an OFC as to their own shareholding information.
Further, all OFCs need to prepare an annual report. Public OFCs are also mandated to provide an interim report. All OFCs are required to appoint an auditor for their financial statements.
The SFC’s website will contain a list of the (i) registered OFCs; and (ii) information on registration and cancellation of registration of OFC on a monthly basis.
Investors should understand the difference between public OFC and private OFC, and study the offering document (and may review the instrument of incorporation of the OFC) before making an investment decision.
13 August 2018