This is a summary of rights afforded to you as a shareholder whose name appears on the share register of the Company. Further details on your rights can be found in the Company documentation as detailed below together with the applicable legislation and regulations to which the Company is subject.
Entitlement to receive certain information relating to your investment in the Company
As a shareholder in the Company, a copy of the latest annual and semi-annual financial statements of the Company will be available to you on www.fundinfo.com or a paper copy will be made available to you from Northern Trust International Fund Administration Services (Ireland) Limited (the Administrator) free of charge upon request.
The latest net asset value per share for each Fund will be available from the Administrator and at the following address: Northern Trust International Fund Administration Services (Ireland) Limited, George’s Court, 54-62 Townsend Street, Dublin 2, Ireland, and/or publicly disclosed as the directors of the Company may decide from time to time and in accordance with the laws prevailing in Ireland, as amended, modified, interpreted or otherwise permitted by the Central Bank of Ireland or other appropriate regulatory authority having jurisdiction.
The current prospectus of the Company, the Company’s constitutional document and the latest key investor information document of the share class or Fund in which you are invested shall also be available for inspection free of charge at www.fundinfo.com, or during normal business hours on weekdays at the registered office of the Company.
As a shareholder, material changes to certain information contained in the prospectus provided to you before you invested in the Company shall be notified to you in accordance with applicable regulatory requirements.
Redemption of Shares
Shareholders in the Company are entitled to redeem their shareholding and receive the redemption proceeds relating to such a within the timeframe and subject to such conditions as detailed in the Company’s prospectus and constitutional document.
A shareholder has the right to vote (whether in general meeting or, where so permitted under the Company’s and constitutional document by way of a written resolution) on shareholder resolutions relating to the Company, relevant Fund or class in accordance with the conditions set down in the Company’s prospectus and the memorandum and articles of association. The Company is required to provide you with written notice of any such meeting in accordance with the procedures and timeframes outlined in the Company’s constitutional document.
As a Shareholder you are entitled to make a complaint free of charge. Any such complaint must be handled by the Company promptly and effectively. The Company’s complaints handling policy, is available free of charge to Shareholders of the Funds on request.
In the event you are not satisfied with the response to your complaint after following the Company’s complaint process, you also have the right to refer the complaint to the Financial Services and Pensions Ombudsman at https://www.fspo.ie/.
Right to take an action
As a Shareholder in the Company, you have a right of action against the Company for any breach of contract. Shareholders in the Company do not have any direct contractual rights against any service provider appointed in respect of the Company because of the absence of a direct contractual relationship between the Shareholder and the relevant service provider. Instead, the proper plaintiff in an action in respect of which a wrongdoing is alleged to have been committed against the Company by the relevant service provider is typically the Company.
Notwithstanding the foregoing, a Shareholder has a regulatory right of action to purse the Depositary appointed by the Company in respect (i) any loss of an asset held in the custody of the Depositary or any delegate of the Depositary or (ii) of any other losses caused by the Depositary’s negligent or intentional failure to properly fulfil its obligations under applicable regulations provided that this does not lead to a duplication of redress or to unequal treatment of Shareholders in the Company.
Collective redress actions under Irish law
Currently under Irish court rules, there is no formal representative action procedure in place which facilitates collective redress by consumers in respect of infringements of EU or national law. This means that any action brought in an Irish court relating to an infringement of Irish or EU laws governing collective investment schemes and their managers must currently be litigated on an individual basis.
A collective redress mechanism, as required under Directive (EU) 2020/1828, must be implemented in Ireland by 25 June 2023.
It should be noted that this summary addresses rights conferred on shareholders under the applicable legislation governing the operation of the Company in which you are invested. You may also be afforded rights under other legislation or regulatory frameworks which are not addressed above, including for example, your rights as a data subject under Regulation 2016/679.