Adopting the corporate structure and concomitantlyeliminating the requirement for a trustee and an independent managercould go some way to addressing the second issue, which is howcreditors could be better protected against, and in the event of, theinsolvency of an S-REIT or of its trustee. Under the present regulatoryframework, the principal safeguards against the insolvency of an S-REITtake the form of borrowing limits and restrictions on riskier real estateinvestments such as vacant land and uncompleted propertydevelopments. It bears repeating that the Property Fund Guidelines arenon-statutory, although the MAS could take into account the S-REIT’scompliance or lack thereof when deciding whether to preserve its REITstatus.
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