Subject to Articles (143) and (149) of the Commercial Companies Law, any issuer of Debt Securities who wishes to issue, offer for subscription or purchase, or make an invitation to subscribe for or purchase Debt Securities, must seek the Agency's approval by complying with the requirements laid down in these Guidelines, as well as any other Agency requirements on the issuing, offering or listing of Debt Securities with the submission of an application to the Agency.
The application for approval must, in addition to the abovementioned requirement, include the following attachments:—
Two copies of the initial prospectus (Appendix 1
Two copies of lists of information to be submitted for the purpose of obtaining the Agency's approval (Appendix 2
3. A copy of the constituent documents, such as the Memorandum and Articles of Association, or equivalent documents.
4. A copy of any other required regulatory approvals.
5. A description of the structure of the securitisation transaction.
6. The preliminary rating report, if available or required by other authorities.
7. A legal opinion as to whether the true sale criteria have been met.
8. A valuation report of no more than six months age by independent, registered valuers in the event that the assets which are the subject matter of a securitisation transaction include real property.
9. Compliance checklist on the Agency's Debt Securities Guidelines by principal advisers.
10. All duly executed declarations as required by these Guidelines.