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AIMS PROPERTY SECURITIES FUND — Director's Dealing 2011
Aug 9, 2011
64402_rns_2011-08-09_3d202e11-1ca6-414d-99b5-534ab927e7b6.pdf
Director's Dealing
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10 August 2011
ASX Code :MPS SGXCode:MacCookPSF
Late Lodgement of Appendix 3Y Change of Directors Interest Notice
The Responsible Entity of MacarthurCook Property Securities (“MPS”), MacarthurCook Fund Management Ltd acknowledges the late lodgement of the Appendix 3Y associated with the acquisition of MacarthurCook Property Securities units by a Company Director and provides the following explanation.
The late notice was an oversight by the individual at the time responsible for the release of such announcements, as the Company Secretary had been away on leave.
The Responsible Entity has in place an existing process of whereby all trades of related parties are monitored and reported on a weekly basis. The Company Secretary and the Compliance Team review all trades weekly before the appropriate form is lodged and announced to the market. Additionally, all trades are diarised and reconciled regularly.
Although the breach was oversight on the release end, however to ensure that such oversights do not occur again the review process assigned to the Company Secretarial team will now extend to include an additional layer of review by the Compliance Team mitigating any potential future risk.
The Responsible Entity takes this opportunity to emphasise that this is a regrettable oversight and the seriousness of such actions is reflected in the steps taken by this organisation to ensure similar events do not occur in the future.
The Responsible Entity apologises for any inconvenience
Moni An Company Secretary MacarthurCook Fund Management Limited Ph: +61 2 9217 2727
Head Office Sydney: Level 16, Central Square 323 Castlereagh Street, Sydney NSW 2000 Australia PO Box K222 Haymarket NSW 1240 Australia Client Services: 1300 655 197, 1300 362 117 Fax: +612 9281 7611 Melbourne Office: Level 9, 350 Collins Street, Melbourne Victoria 3000 Australia PO Box 28 Flinders Lane VIC 8009 Australia Email: [email protected] Website: www.macarthurcook.com.au
MacarthurCook Group MacarthurCook Fund Management Limited ABN 79 004 956 558 AFS Licence No: 258052 MacarthurCook Investment Managers Limited ABN 45 099 054 074 Licence No: 225357 SEC No: 801-66388 MacarthurCook Real Estate Funds Limited ABN 32 126 766 167 AFSL No: 318261
Sydney Melbourne Beijing Shanghai Tianjin Guangzhou Hong Kong Singapore
About MacarthurCook:
MacarthurCook Fund Management Limited (MacarthurCook) is a wholly owned subsidiary of the AIMS Financial Group (AIMS), which specialises in the investment management of direct property, real estate securities and mortgage assets.
MacarthurCook and AIMS manage over A$1.5 billion on behalf of over 20,000 Investors/borrowers as at 21 December 2010 and are the investment managers for the CWH Australia Trust, MacarthurCook Office Property Trust, MacarthurCook Mortgage Fund, Advance Mortgage Fund, MacarthurCook Property Securities Fund and the RMR Asia Pacific Real Estate Fund. AIMS also manages, in a joint-venture arrangement with AMP Capital, the AIMS-AMP Capital Industrial REIT in Singapore.
The MacarthurCook Property Securities Fund is listed on the ASX and the Singapore Exchange. The AIMS-AMP Capital Industrial REIT is listed on the Singapore Exchange. The RMR Asia Pacific Real Estate Fund is listed on the New York Stock Exchange.
About AIMS Financial Group:
Established in 1991, AIMS Financial Group is an Australian company with a solid track record and enviable reputation in the mortgage and securitisation markets. It has expanded to become an international financial group focusing on funds management, real estate investment, securitisation and mortgage lending.
AIMS is a 100% Australian owned business that has operated in Australia for nearly 20 years. AIMS started in Australia with only two staff and today have in excess of 100 staff in Australia. AIMS has been very active in introducing international investors into the Australian real estate market. During this time AIMS has attracted significant investment in Australian direct property from its international clients. Since 1999, AIMS has raised directly and indirectly approximately A$3 billion in funds from the Australian capital markets, with most of the RMBS (Residential Mortgage Backed Securities) rated AAA by both Standard & Poors and Fitch Ratings.
With offices across Australia and China and highly qualified, professional and experienced cross-cultural teams, AIMS Financial Group bridges the gap between Australia and China in various markets, especially in real estate, resources, technology, infrastructure, banking and financial services.
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ASX Compliance Pty Ltd ABN 26 087 780 489 Level 45 Rialto South Tower 525 Collins Street Melbourne VIC 3000
GPO Box 1784 Melbourne VIC 3001
4 August 2011
Ms Moni An Company Secretary MacarthurCook Property Securities Fund Level 16, Central Square 323 Castlereagh Street Sydney NSW 2000
Telephone 61 3 9617 8648 Facsimile 61 3 9614 0303 www.asx.com.au
By Email
Dear Moni
MacarthurCook Property Securities Fund (the “Company”)
We refer to the following;
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The Appendix 3Y lodged by the Company with ASX on 1 August 2011 for Mr Richard Gerald Nott (the “Notice”).
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Listing rule 3.19A which requires an entity to give ASX an Appendix 3Y within five business days of a change in the notifiable interest of the director.
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Listing rule 3.19B which states as follows.
An entity must make such arrangements as are necessary with a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) to ensure that the director discloses to the entity all the information required by the entity to give ASX completed Appendices 3X, 3Y and 3Z within the time period allowed by listing rule 3.19.A. The entity must enforce the arrangements with the director.
- The Companies Update dated 27 June 2008, reminding listed entities of their obligation to notify ASX within 5 business days of the notifiable interests in securities held by each director and outlining the action that ASX would take in relation to breaches of listings rules 3.19A and 3.19B.
The Notice was not lodged with ASX within the timeframe required under the listing rule 3.19A for the changes of interest which occurred on 4 July 2011 and 20 July 2011. Please note that ASX is required to record details of breaches of the listing rules by listed companies for its reporting requirements.
ASX reminds the Company of its contract with ASX to comply with the listing rules. In the circumstances ASX considers that it is appropriate that the Company make necessary arrangements to ensure there is not a reoccurrence of a breach of the listing rules.
Having regard to listing rules 3.19A and 3.19B and Guidance Note 22: “Director Disclosure of Interests and Transactions in Securities - Obligations of Listed Entities”, we ask that you answer each of the following questions:
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Please explain why the Notice was lodged late.
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Please explain what arrangements the Company has in place with its directors to ensure that it is able to meet its disclosure obligations under listing rule 3.19A?
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Please explain what additional steps the Company intends to take to ensure compliance with listing rule 3.19B?
Your response should be sent to me via return e-mail or by facsimile on facsimile number (03) 9614 0303. It should not be sent to the Company Announcements Office.
A response is requested as soon as possible and, in any event, not later than half an hour before the start of trading (ie before 9.30 a.m. Melbourne Time) on Wednesday, 10 August 2011.
Under listing rule 18.7A, a copy of this query and your response will be released to the market, so your response should be in a form suitable for release and should separately address each of the questions asked. If you have any queries or concerns, please contact me immediately.
Yours sincerely
[Sent electronically without signature]
Yasmin Lim Adviser, Listings (MELBOURNE)