Please read this section if you or your company holds 5% or more of the Units in Fortune REIT.
Please note that the Manager is not in a position to advise you on how to fill in the notifications forms or answer queries on individual cases.
The forms for notification of interests in Units in Fortune REIT are the standard forms prescribed by the Securities and Futures Commission (“SFC”) for the purposes of Part XV of the Securities and Futures Ordinance (Chapter 571 of the Laws of Hong Kong). The standard forms for notifications could be obtained from the website of Hong Kong Exchanges and Clearing Limited (HKEx) at http://www.hkexnews.hk/di/di.htm The website also contains directions and instructions for completion of the standard forms for notifications. Alternatively, investors may consult their own professional advisers on how to complete the forms for notifications. References in the forms, directions and instructions to shares in the listed corporation should, where the context so admits, be read as references to Units in Fortune REIT.
Investors should submit the duly completed forms for notifications to the Finance Manager, ARA Asset Management (Fortune) Limited by fax (fax no.: (852) 2169 0968 or by e-mail firstname.lastname@example.org. Investors will receive a written confirmation from the Manager after the forms for notification have been properly received.
The notifications pursuant to the Trust Deed with respect to interests in Units in Fortune REIT received by the Manager have been published on the website of HKEx. Please refer to the 'Disclosure of Interest' section of the website of HKEx at http://www.hkexnews.hk/di/di.htm.
The information contained in notifications with respect to interests in Units in Fortune REIT received by the Manager will be published by the HKEx on its website. The Manager takes no responsibility for the contents of any such notifications, makes no representation as to their accuracy or completeness and expressly disclaims any liability whatsoever for any loss howsoever arising from or in reliance upon such notifications published or to be published on such website.
Under the Trust Deed, if a person who has a duty of disclosure under the Trust Deed fails to make notification in accordance with the provisions of the Trust Deed, irrespective of whether that person is a Unitholder or not, the Units in which that person is (or is deemed) interested in (the ‘Affected Units’) shall be subject to any or all of the following actions which: (a) if the person interested in the Affected Units is a person other than the Manager, the Manager; or (b) if the person interested in the Affected Units is the manager, the Trustee, may, in its absolute discretion, take in respect of any or all of the Affected Units:
a) declare that the voting rights attached to any or all of the Affected Units to be suspended (and, upon such declaration, such voting rights shall be suspended for all purposes in connection with Fortune REIT);
b) suspend the payment of any distributions in respect of any or all of the Affected Units (and, upon such suspension, any such distributions shall be retained in a trust account in the name of : (i) (where the person interested in the Affected Units is a person other than the Manager) the manager; or (ii) where the person interested in the Affected Units is the Manager) the Trustee, pending the application of such distributions);
c) impose an administrative fee of up to HK$0.10 per Affected Unit for each day of noncompliance from the date on which disclosure is due to be made by the person: and/or
d) suspend registration and/or decline to register any transfer of part or all of the Affected Units, until the relevant notification requirements are fully complied with to the satisfaction of the Manager of the Trustee, as the case may be.
Under the Trust Deed, each Unitholder and all persons claiming through or under him expressly acknowledge and agree to the grant of the rights and powers set out above to the Manager and the Trustee and agree to be bound by any action taken by the Manager or the Trustee (as the case may be) pursuant to the provisions of the Trust Deed in good faith.