Winding up of collective investment schemes requires an information memorandum and investor consent before repayment and closure. An existing collective investment scheme that fails registration or compliance must be wound up. The scheme must send an information memorandum within two months of Board intimation detailing the state of affairs, the amount repayable to each investor and the basis of calculation; the memorandum must be dated and signed by all directors, may include additional disclosures specified by the Board, be dispatched within one week, solicit positive consent to continue within one month, and provide for repayment within three months; if positive consent comes from twenty-five per cent or less of investors the scheme shall be wound up and must file reports as specified by the Board on completion.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Winding up of collective investment schemes requires an information memorandum and investor consent before repayment and closure.
An existing collective investment scheme that fails registration or compliance must be wound up. The scheme must send an information memorandum within two months of Board intimation detailing the state of affairs, the amount repayable to each investor and the basis of calculation; the memorandum must be dated and signed by all directors, may include additional disclosures specified by the Board, be dispatched within one week, solicit positive consent to continue within one month, and provide for repayment within three months; if positive consent comes from twenty-five per cent or less of investors the scheme shall be wound up and must file reports as specified by the Board on completion.
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