4.5 Financing the Purchase of UTS: Process, Safeguards and the Risk Disclosure Statement
Key Takeaways
Loan financing is allowed for the purchase of UTS but not for PRS.
The margin of finance must not exceed 67% of the amount invested, which the study guide explains as borrowing up to twice the investor's own deposit.
Consultants must not, directly or indirectly, encourage the sale of units through loans, and promotional materials with return projections based on loan schemes are not allowed.
The original signed Unit Trust Loan Financing Risk Disclosure Statement is attached to the application and filed by the UTMC, and a copy goes to the investor.
If the loan-to-valuation ratio deteriorates, the lender may make a margin call, and failure to meet it can lead to the units being force-sold.
Why Financing Is Treated with Caution
Some investors borrow to buy UTS units, hoping returns will exceed the borrowing cost. The study guide highlights two dangers:
- Leverage magnifies losses as well as gains.
- Consultants may be motivated by the extra commission on a bigger, loan-financed purchase.
Loan financing is not allowed for PRS.
The Process Step by Step
| Step | What happens |
|---|---|
| 1. Loan application | Before the unit application goes to the UTMC, the investor applies for a loan. The lender assesses creditworthiness and the security (usually the units) and decides how much it will lend against them. |
| 2. Approval and payment | Most lenders pay the loan directly to the UTMC, not to the investor, so the money is used as stated. The borrower signs the loan contract (interest rate, repayment terms). |
| 3. Units issued | The UTMC processes the application; the lender receives the unit certificate or confirmation that its interest is protected and holds it as security. The investor receives a statement of units bought and cost. |
| 4. Margin calls | If the loan-to-valuation ratio worsens (for example in falling markets), the lender may require a margin call: a cash payment or extra collateral. |
| 5. Repurchase | When units are sold, proceeds usually go directly to the lender; after the loan is repaid, the balance goes to the investor. |
The SC's Safeguards
Two separate transactions
The Guidelines on Marketing and Distribution of Unit Trust Funds require UTMCs to ensure Consultants do not, directly or indirectly, encourage the sale of units through loans. The sale of units and the loan are two totally separate transactions, so promotional materials containing projected returns based on a loan scheme are not allowed.
Full and frank disclosure
Consultants must give factual information only, omit no material fact, and clearly explain the risks of leverage so the investor understands them before borrowing.
The Unit Trust Loan Financing Risk Disclosure Statement
| Requirement | Detail |
|---|---|
| Signature | The investor signs the statement, acknowledging that the risks of borrowing to buy UTS have been explained and understood |
| Original | Attached to the application and filed by the UTMC for record and inspection |
| Copy | A duplicate is forwarded to the investor |
| Lender queries | The statement encourages the borrower to ask the lender about anything unclear |
| Protection | It also protects the UTMC and Consultant if returns disappoint or the investor struggles to repay for reasons outside their control |
The statement's heading warns: "Investing in a unit trust fund with borrowed money is riskier than investing with your own savings." Its four risks:
- The higher the margin of finance, the greater the potential loss as well as gain.
- Variable-rate repayments become more onerous if interest rates rise (not applicable to a fixed rate for a fixed term).
- Margin calls may require extra collateral or payments on top of instalments; failure can lead to units being force-sold.
- Returns are not guaranteed and not earned evenly; selling at the wrong time can mean a loss even if the investment did well before.
The 67% margin of finance
The UTF Guidelines (paragraph 8.21) cap the margin of finance at 67% of the amount invested, and UTMCs must ensure it is not breached. The study guide explains this as letting an investor borrow up to twice their own deposit:
| Study guide illustration | Own money | Loan | Total invested | Loan share |
|---|---|---|---|---|
| Chapter 4: deposit-based | RM10,000 | RM20,000 | RM30,000 | 66.67% |
| Chapter 7A: investment-based | RM33,000 | RM67,000 | RM100,000 | 67% |
Both examples sit within the cap. In exam questions phrased as "twice the deposit", use the 2:1 ratio; in questions phrased as a percentage of the amount invested, use 67%.
The Ethics Link
The FIMM Code of Ethics prohibits Distributors and Consultants from encouraging investors to invest through loan financing, and requires them to explain the risks of investing through loan financing when describing a scheme's features (Chapter 5). Chapter 7A covers typical loan terms and the risks of borrowing in more depth, and the study guide suggests that regular savings may be a more prudent alternative.
Applying It
A Consultant tells a client: "Borrow RM60,000, add RM30,000 of your own and you will make 12% a year on RM90,000 instead of RM30,000." Three problems:
- It encourages loan financing, which the Code of Ethics prohibits.
- It projects returns based on a loan scheme, which promotional material must not do.
- The loan would be 66.7% of RM90,000, so it fits the 67% cap, but the client has not been told the risks or signed the risk disclosure statement.
Using the study guide's explanation that the 67% margin of finance lets an investor borrow up to twice her own deposit, how much can an investor with RM15,000 of her own money borrow to buy UTS units?
RM15,000
RM10,050
RM45,000
RM30,000
What happens to the original signed Unit Trust Loan Financing Risk Disclosure Statement?
The UTMC files it; the investor gets a copy
The investor keeps it; the UTMC gets nothing
It is sent only to the lender as loan security
It is sent to FIMM for approval and filing
Which product can NOT be purchased with loan financing?
A PRS fund
An equity UTS
A bond UTS
A balanced UTS
Sections you finish are checked off in the contents.