Prevention of Fraud (Investments) Act 1958

SCHEDULES

Section 17.

FIRST SCHEDULEMatters for which trust deeds pursuant to unit trust schemes must provide

1For determining the manner in which the manager's prices for units on a sale and a purchase respectively, and the yield from the units, are to be respectively calculated, and for entitling the holder of any units to require the manager to purchase them at a price calculated accordingly.

2For regulating the mode of execution and the issue of unit certificates, and, in particular, for securing that no unit certificate shall be executed or issued in respect of rights or interests in any property until steps have been taken, to the satisfaction of the trustee, to secure that the property will be vested in him or, subject to any prescribed conditions, in a nominee for him approved by the Board of Trade.

3For prohibiting or restricting the issue by or on behalf of the manager of advertisements, circulars, or other documents containing any statement with respect to the sale price of units, or the payments or other benefits received or likely to be received by holders of units, or containing any invitation to buy units, unless the document in question also contains a statement of the yield from the units.

4For securing that any advertisement, circular or other document containing any statement with respect to the sale price of units or the yield therefrom, or containing any invitation to buy units, shall not be issued by or on behalf of the manager until the trustee has had a reasonable opportunity of considering the terms of the document, and shall not be so issued if, within a reasonable time after the document first comes under his consideration, he notifies his disapproval of the terms thereof in writing to the manager.

5For the establishment of a fund to be applied in defraying the expenses of the administration of the trust and for regulating the application of that fund.

6For the audit, and the circulation to holders of units, of accounts relating to the trust (including accounts of the manager in relation to the trust and statements of his remuneration in connection therewith.)

7For requiring the manager (subject to any provisions as to appeal contained in the deed) to retire from the trust if the trustee certifies that it is in the interest of the beneficiaries under the trust that he should do

In this Schedule the expression " units " means securities (described whether as units or otherwise) which may be created in pursuance of the unit trust scheme, and the expression " unit certificates " means certificates of the acquisition of such securities.

Section 28.

SECOND SCHEDULEEnactments repealed

Session and ChapterShort TitleExtent of Repeal
2 & 3 Geo. 6. c. 16.The Prevention of Fraud (Investments) Act, 1939.The whole Act.
10 & 11 Geo. 6. c. 47.The Companies Act, 1947.Section one hundred and seventeen.
11 & 12 Geo. 6. c. 38.The Companies Act, 1948.In section four hundred and fifty-six, the words " sections two and thirteen of the Prevention of Fraud (Investments) Act, 1939 " and the words " and one hundred and seventeen ".
In the Sixteenth Schedule, paragraphs 2, 3 and 6.

Table of Statutes referred to in this Act

Short TitleSession and Chapter
Companies Act, 186225 & 26 Vict. c. 89.
Building Societies Act, 187437 & 38 Vict. c. 42.
Interpretation Act, 188952 & 53 Vict. c. 63.
Industrial and Provident Societies Act, 189356 & 57 Vict. c. 39.
Police (Property) Act, 189760 & 61 Vict. c. 30.
Companies (Consolidation) Act, 19088 Edw. 7. c. 69.
Companies Act, 192919 & 20 Geo. 5. c. 23.
Prevention of Fraud (Investments) Act, 19392 & 3 Geo. 6. c. 16.
Companies Act, 194811 & 12 Geo. 6. c. 38.
India (Consequential Provision) Act, 194912, 13 & 14 Geo. 6. c. 92.
Pakistan (Consequential Provision) Act, 19564 & 5 Eliz. 2. c. 31.
Federation of Malaya Independence Act, 19575 & 6 Eliz. 2. c. 60;