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Schedule-01 - Application for Grant of Certificate of Registration as Real Estate Investment Trust - Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014Extract SCHEDULE I FORMS FORM A Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 Application for Grant of Certificate of Registration as Real Estate Investment Trust [See Regulation 3(2)] Securities and Exchange Board of India SEBI Bhavan, C4-A, G Block, Bandra Kurla Complex, Mumbai 400051 - India INSTRUCTIONS 1. This form is meant for use by the applicant for grant of certificate of registration as a Real Estate Investment Trust. 2. The applicant should complete this form, and submit it, along with all supporting documents to the Board. 3. This application form should be filled in accordance with these regulations. 4. The application shall be considered by the Board provided it is complete in all respects. 5. All answers must be legible and all the pages must be numbered with signature/ stamp on each page of the form. 6. Information which needs to be supplied in more detail may be given on separate sheets which should be attached to the application form and appropriately numbered. 7. The application must be signed and all signatures must be original. 8. The application must be accompanied by an application fee as specified in the Second Schedule to these regulations. 1. GENERAL INFORMATION (a) Name, address, telephone number(s), fax number(s), e-mail address of the REIT (b) Name, direct line number, mobile number and e-mail of the contact person(s) (c) Whether the 1 [trust] 2 [/] sponsor(s)/ 3 [***] manager 4 [or their associates or sponsor group(s)/ trustee] is/ are registered with SEBI, RBI or any other regulatory authority in any capacity along with the details of its registration (d) Details of infrastructure for conducting activities as an Real Estate Investment Trust 2. 5 [DETAILS OF TRUST] (a) Write-up on the activities of the 6 [trust] (b) Whether the Trust Deed is registered under the provisions of the Registration Act, 1908 (c) Whether the Trust Deed has its main objective as undertaking activity of REIT and includes responsibilities of the Trustee in accordance with Regulation 9 of these Regulations (Enclose relevant extract of the Registered Trust Deed) (d) Whether any unit holder of the REIT enjoys preferential voting or any other rights over another unit holder (e) Whether there are multiple classes of units of REIT 3. DETAILS OF TRUSTEE (a) Name, address of registered office, address for correspondence and principal place of business, telephone number(s), fax number(s), e-mail address of the Trustee. (b) Name, direct line number, mobile number and e-mail of the contact person(s) (c) Brief write up on the activities of the trustee (d) Details of registration as a Debenture Trustee (e) 7 [***] (f) Details of infrastructure, personnel, etc. relevant to the activity as trustee of the REIT (g) Identity and Address proof of the trustee and its directors (h) Whether the Trustee Company is registered with any regulatory authority other than SEBI in any capacity along with the details of its registration 8 [(i) Copy of the executed Trust Deed] 4. DETAILS OF SPONSOR(S) (Provide details for every sponsor separately) (a) Name, address of registered office, address for correspondence and principal place of business, telephone number(s), fax number(s), e-mail address of the sponsor(s) (b) Name, direct line number, mobile number and e-mail of the contact person(s) (c) Legal status of the sponsor, date and place of incorporation/ establishment, wherever applicable (d) In case of sponsor being individual(s), provide a brief profile of the sponsor including professional qualification. In case of sponsor(s) being other than individual, write up on holding pattern and profile of the directors/partners including their professional qualification (e) Identity proof and address proof of the sponsor (if sponsor is an individual)/ directors of Sponsor (s)(if sponsor is a company)/ partners of the Sponsor(s) (if sponsor is an LLP) (f) Write up on the activities of the sponsor/its associates including past experience in development of real estate or fund management in the real estate industry (g) Whether the Sponsor has floated any REITs previously, which are registered with SEBI. If yes, details of the same (h) Proposed holding of the sponsor in the REIT on post-issue basis (i) Copies of the financial statements for the previous financial year (j) Net-worth certificate of sponsor(s) by a Chartered Accountant, not more than six months old 5. DETAILS OF MANAGER (a) Name, address of the registered office address for correspondence, telephone number(s), fax number(s), of the Manager (b) Name, direct line number, mobile number and e-mail of the contact person(s) (c) Legal status, date and place of incorporation/ establishment, wherever applicable (d) Copy of 9 [executed] Investment Management agreement (e) Write up on the activities of the Manager/ its associates including past experience in fund management/ advisory services/property management in the real estate industry or in development of real estate (f) List of Directors/ Members of Governing Board (g) Identity proof and address proof of the manager, its directors or partners (h) Shareholding/partnership interests and profile of the directors /partners (i) Details of the key personnel including experience and professional qualification (j) Copies of the financial statements for the previous financial year (k) Net-worth certificate of manager by a Chartered Accountant, not more than six months old (l) Whether the Manager has acted as manager to any REIT previously, which are registered with SEBI. If yes, details of the same 6. DETAILS OF BUSINESS PLAN AND INVESTMENT STRATEGY (a) Investment objective and investment style (b) Details of proposed initial offer 10 [***]. (c) Brief details of the assets proposed to be held under REIT (d) Details of leverage at 11 [holdco and /or SPV(s)] and REIT level (current and proposed) (e) Fee structure 7. DETAILS OF REGULATORY ACTION TAKEN IN THE PAST, IF ANY (a) Whether the 12 [ REIT or the parties to the REIT or their directors/ members of governing board] are / were involved in any litigation connected with the securities market which may have an adverse bearing on the business of the 13 [REIT] or any order has/ had been passed against them for violation of securities laws. (If Yes, provide details. If No, enclose a declaration to that effect) (b) Whether any disciplinary action has been taken by the Board or any other regulatory authority against the 14 [ REIT or the parties to the REIT or their directors/ members of governing board] under any Act or the Regulations/guidelines made thereunder (If Yes, provide details. If No, enclose a declaration to that effect) (c) Whether 15 [REIT or the parties to the REIT or their directors/ members of governing board] has/ have been refused a certificate by the Board or its/ their certificate has been suspended at any time prior to this application. (If Yes, provide details. If No, enclose a declaration to that effect) 8. OTHER INFORMATION/DECLARATIONS (a) Declaration that the sponsor(s) shall individually hold not less than 5% of the units of the REIT on post initial offer basis (b) Declaration that the 16 [REIT and parties to the REIT] are fit and proper persons based on the criteria specified in the Securities and Exchange Board of India (Intermediaries) Regulations, 2008 DECLARATION STATEMENT (TO BE GIVEN AS BELOW) We hereby agree and declare that the information supplied in the application, including the attachment sheets, is complete and true. AND we further agree that, we shall notify the Securities and Exchange Board of India immediately any change in the information provided in the application. We further agree that we shall comply with, and be bound by the Securities and Exchange Board of India Act, 1992, and the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014, and any other regulations, guidelines or circulars as may be notified or issued by the Securities and Exchange Board of India from time to time. We further agree that as a condition of registration, we shall abide by such operational instructions/directives as may be issued by the Securities and Exchange Board of India from time to time. For and on behalf of____________________________________________________ (Name of the applicant) Authorized signatory (Signature) FORM B Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 [See regulation 6(1)] Certificate of registration as a Real Estate Investment Trust I. In exercise of the powers conferred by sub-section (1) of section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), read with the regulations made there under, the Board hereby grants a certificate of registration to _______________________________________________________________ as a Real Estate Investment Trust subject to the conditions specified in the Act and in the regulations made thereunder. II. The Registration Number of the Real Estate Investment Trust is: _____________. Date : Place : By Order Sd/- For and on behalf of Securities and Exchange Board of India *************** NOTES:- 1 Substituted for the word applicant by the Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2018, w.e.f. 10.04.2018. 2 Substituted or its associates or its by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016 3 Omitted trustee/ by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016 4 Inserted by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016 5 Substituted for the heading DETAILS OF APPLICANT by the Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2018, w.e.f. 10.04.2018. 6 Substituted ibid. 7 Omitted, by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016. Prior to its omission, sub paragraph (e) read as under : List of associates of the trustee 8 Inserted by the Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2018, w.e.f. 10.04.2018. 9 Inserted by the Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2018, w.e.f. 10.04.2018. 10 Omitted including copy of the draft initial offer document by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016 11 Substituted SPV by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016 12 Substituted applicant or any of its related party(ies) by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016 13 Substituted for applicant by the Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2018, w.e.f. 10.04.2018. 14 Substituted applicant or any of its related party(ies) by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016 15 Substituted applicant or any of its related party(ies) by the SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2016, w.e.f. 30.11.2016 16 Substituted for the words applicant, Sponsor and Manager by the Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2018, w.e.f. 10.04.2018.
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