Prospectus - Manulife Insurance Berhad

chapter9 SALIENT TERMS OF THE DEEDpage559.9 Removal and Replacement of the TrusteeThe Manager is obliged to give you notice in writing to consider the removal of the Trustee ifthe Trustee fails or neglects to carry out its duties as stipulated in the Deed and under the Act.The Manager shall take all reasonable steps to replace the Trustee as soon as practicable afterbecoming aware that:• the Trustee has ceased to exist;• the Trustee has not been validly appointed;• the Trustee is not eligible to be appointed or act as a trustee under the Act;• the Trustee has failed or refused to act as trustee in accordance with the provisions andcovenants of the Deed and the provisions of the Act;• a receiver has been appointed over the whole or substantial part of the assets orundertaking of the Trustee and has not ceased to act under the appointment, or a petitionis presented for the winding up of the Trustee (other than for the purpose of and followedby a reconstruction, unless during or following such reconstruction the Trustee becomesor is declared to be insolvent); or• the Trustee is under investigation for conduct that contravenes the Trust Companies Act1949, the Trustee Act 1949, the Companies Act 1965 or any securities law.The Trustee may be removed and another trustee may be appointed by Special Resolution of theUnit Holders at a duly convened meeting of which notice has been given to the Unit Holders inaccordance with the Deed.9.10 Termination of the FundThe Fund may be terminated or wound up should the following events occur:• The SC’s approval is revoked under section 212(7)(A) of the Act;• A Special Resolution is passed at a Unit Holders’ meeting to terminate or wind up theFund, following occurrence of events stipulated under section 301(1) of the Act and thecourt has confirmed the resolution, as required under section 301(2) of the Act;• A Special Resolution is passed at a Unit Holders’ meeting to terminate or wind up the Fund;• The Fund has reached its maturity date; and• The effective date of an approved transfer scheme (if any) has resulted in the Fund, whichis the subject of the transfer scheme, being left with no asset/property.Upon the termination of the Fund, the Trustee shall:a) sell all the assets of the Fund then remaining in its hands and pay out of the Fund anyliabilities of the Fund; such sale and payment shall be carried out and completed in suchmanner and within such period as the Trustee considers to be in the best interests of theUnit Holders; andb) from time to time distribute to the Unit Holders, in proportion to the number of Units heldby them respectively:i) the net cash proceeds available for the purpose of such distribution and derivedfrom the sale of the investments and assets of the Fund less any payments forliabilities of the Fund; andii)any available cash produce;Prospectus in respect of the Manulife Shariah - Dana Ekuiti