Published — May 23, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: FUNCTIONS OF REAL ESTATE INVESTMENT TRUST (REIT)
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A REIT may invest in real estate located in the Philippines.
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A REIT may invest in real estate-related assets and evidence of indebtedness of the Republic of the Philippines.
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A REIT may invest in cash and cash equivalent items.
What are the allowable investments for the REIT?
Implementing Rules and Regulations of the Real Estate Investment Trust (REIT) Act of 2009 (R.A. No. 9856)
A REIT may only invest in:
- Real estate
- A REIT may invest in real estate located in the Philippines, whether freehold or leasehold. At least seventy-five percent (75%) of the Deposited Property of the REIT shall be invested in, or consist of, income generating real Deposited Property that should be invested in Income-generating Real Estate located in the Philippines shall in no case be less than 35% of the Deposited Property.
- A REIT may invest in income generating real estate located outside of the Philippines; Provided, that such investment does not exceed forty percent (40%) of its Deposited Property and only upon special authority from the Securities and Exchange Commission (Commission). The Commission in issuing such authority shall consider, among others, satisfactory proof that the valuation of assets is fair and reasonable.
- An investment in real estate may be by way of direct ownership or a shareholding in a domestic special purpose vehicle constituted to hold/own real estate, subject to the conditions provided under the Rules.
- Acquisition of a real estate shall include the ownership of all rights, interests and benefits related to the ownership of the real estate.
- The real estate to be acquired by the REIT should have a good track record for three 3 years from date of acquisition.
- Real estate-related assets, wherever the issuers, assets, or securities are incorporated, located, issued, or traded.
- Evidence of indebtedness of the Republic of the Philippines and other evidence of indebtedness or obligations, the servicing and repayment of which are fully guaranteed by the Republic of the Philippines, such as, but not limited to, treasury bills, fixed rate treasury notes, retail treasury bonds, (denominated either in Philippine or in foreign currency) and foreign currency linked notes.
- Bonds and other evidence of indebtedness issued by:
- the government of any foreign country with which the Philippines maintains diplomatic relations, with a credit rating obtained from a reputable credit rating agency or a credit rating agency acceptable to the Commission that is at least two (2) notches higher than that of ROP bonds; and
- supranationals (or international organizations whose membership transcends national boundaries or interests, e.g. International Bank for Reconstruction and Development, Asian Development Bank).
- Corporate bonds of non-property privately-owned domestic corporations duly registered with the Commission with a current credit rating of at least “A” by an accredited Philippine rating agency.
- Corporate bonds of a foreign non-property corporation registered in another country provided that said bonds are duly registered with the Commission and the foreign country grants reciprocal rights to Filipinos.
- Commercial papers duly registered with the Commission with a current investment grade credit rating based on the rating scale of an accredited Philippine rating agency at the time of investment.
- Equities of a non-property company listed in a local or foreign stock exchange, provided that these stocks shall be issued by companies that are financially stable, actively traded, possess good track record of growth and have declared dividends for the past three (3) years.
- Cash and Cash Equivalent Items.
- Collective investment schemes duly registered with the Commission or organized pursuant to the rules and regulations of the Bangko Sentral ng Pilipinas (BSP); provided however that: (i) the collective investment scheme must have a track record of performance at par with or above the median performance of pooled funds in the same category as appearing in the prescribed weekly publication of the Net Asset Value Per Unit of the Collective Investment Scheme units; and (ii) new collective investment schemes may be allowed provided that its fund manager has at least a three (3)-year track record in managing pooled
- Offshore mutual funds with ratings acceptable to the Commission.
- Investments of the REIT shall be recognized and measured in its financial statements in accordance with the requirements of PFRS and the applicable interpretations or any amendments thereto, as follows:
- Investment Property;
- Financial Assets;
- Investments in Associates;
- Investments in Subsidiaries;
- Interests in Joint Ventures;
- Non-current Assets Held for Sale and Discontinued Operations;
- Leases.
- Synthetic Investment Products, provided that: (i) Synthetic Investment Products shall not constitute more than five percent (5%) of the Investible Funds of the REIT; (ii) the REIT shall avail of such Synthetic Investment Products solely for the purpose of hedging risk exposures of the existing investments of the REIT; (iii) the Synthetic Investment Products shall be accounted for in accordance with PFRS; (iv) the Synthetic Investment Products shall be issued by authorized banks or non-bank financial institutions in accordance with the rules and regulations of the BSP and/or the Commission; and (v) the use of Synthetic Investment Products shall be disclosed in the REIT Plan and under special authority from the
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