Member Article

The Securities Commission of Malaysia released new guidelines on real estate investment trusts (REITs Guidelines) on 3 January 2005. The REITs Guidelines supersede earlier guidelines on property trust funds published in November 2002. The key features of the REITs Guidelines include the liberalisation of borrowing limits as well as the relaxation of restrictions under the old guidelines on the acquisition of leasehold properties and properties encumbered by financial charges. Borrowings of a fund should not exceed 35% of its total asset value at the time the borrowings are incurred. Leases must be registered and all real estate must be free from encumbrances at the time of acquisition except for charges entered by financial institutions, trustees and management companies in relation to loan facilities extended. The initial minimum size of a real estate investment trust is RM100 million (approximately US$26 million) and the minimum size of subsequent launches is RM25 million (approximately US$6.5 million). Real estate investment trusts may acquire real estate located outside Malaysia subject to the specific approval of the Securities Commission. The management company of a real estate investment trust must be a subsidiary of a Malaysian company involved in the financial services industry in Malaysia or a property development company or a property investment holding company. However, delegation is permitted subject to Securities Commission approval. Permitted investments include real estate, single-purpose companies (i.e. unlisted companies whose principal assets comprise real estate), real estate-related assets, liquid assets, non-real estate-related assets and asset-backed securities. However, at least 75% of a listed fund’s total assets must be invested in real estate, single-purpose companies, real estate-related assets or liquid assets, with a minimum 50% of total assets invested in real estate or single-purpose companies. For an unlisted fund, a minimum of 70% of its total assets must be invested in real estate, single-purpose companies or real estate-related assets with at least 50% invested in real estate or single-purpose companies. At least 20% of the unlisted fund’s total assets must be invested in liquid assets at all times and the remaining 10% in other permitted assets.