Freedom Plus Application Terms and Conditions and Nominee Service Agreement

Transcription

1 Freedom Pls Application Terms and Conditions and Nominee Service Agreement

2 Terms and Conditions In this Section, we, s and or refer to HSBC Bank Nominee (Jersey) Limited. HSBC Bank Nominee (Jersey) Limited is a wholly owned sbsidiary of HSBC Bank plc, Jersey Branch. HSBC Grop means HSBC Holdings plc, its sbsidiaries, associated and affiliated companies. 1. By completing and delivering an Application form or otherwise making an application for shares as described in the relevant fnd, yo as the applicant(s):- 1.1 offer to invest the amont specified in yor application (or sch smaller amont for which the application is accepted), on and sbject to these Application Terms and Conditions and sbject to the relevant fnd (the Fnd ) in which the investment is being made; 1.2 athorise HSBC Bank Nominee (Jersey) Limited to register shares in its name on yor behalf and to send a Confirmation of Ownership docment for the nmber of shares for which yor application is accepted (lmp sm investments only), and/or a payment for any money retrnable by post, at the risk of the person(s) entitled thereto, to the address of the agent (if any) whose stamp appears on the form or (if no stamp appears thereon), to yor address (or that of the first named applicant) as set ot in the Application form; 1.3 agree that all applications, acceptance of applications and contracts reslting therefrom with HSBC Bank Nominee (Jersey) Limited shall be governed by and constred in accordance with the law of Jersey; 1.4 confirm that yo are of fll age (18 years) and, if yo sign the Application form on behalf of somebody else, confirm that yo have de the right to do so; 1.5 agree that yo shall not be entitled at any time after acceptance of yor application to exercise any remedy of rescission for innocent misrepresentation; 1.6 confirm that in making sch application yo are not relying on any information or representation in relation to the Fnd other than those contained in the Brochre, Insert, Important Notes, the Prospects, these Application Terms and Conditions and the Nominee Service Agreement and any other docment athorised by the Fnd and accordingly agree that no person responsible solely or jointly for the Brochre, Insert, Important Notes, the Prospects, these Application Terms and Conditions and the Nominee Service Agreement or any part thereof shold have any liability for any sch other information or representations; 1.7 if yo are a Monthly Investment Plan investor, agree to contine making a reglar monthly contribtion ntil a minimm of GBP5,000, USD5,000, EUR5,000, has been received; and 1.8 accept that HSBC Bank Nominee (Jersey) Limited reserves the right to charge yo for any associated costs, shold yor investment be cancelled by yo. 2. Acceptance of lmp sm applications will be effected by the isse of a Sale Contract Note (lmp sm investment only), which will normally be sent within for bsiness days following exection. We will also provide yo with information on reqest abot the stats of yor application. Applications for the Monthly Investment Plan will be acknowledged and a statement sent to yo every Jne and December showing the investments made. 3. Where there are joint applicants for shares, the first named applicant will be their representative. 4. In order to process an application for shares, a flly completed Application form mst be received by HSBC Bank Nominee (Jersey) Limited, which will reqire the ORIGINAL signatres of ALL applicants. In addition, certified copies of identification docments (please see page 12 of the Application form) for each applicant mst be provided. If this Application form is not completed correctly and/or all the identity verification docments are not spplied, the application will not be accepted. 5. Shares may not be registered in the name of a trst, bt may be registered in the name(s) of p to for of the trstees. Shares may not be registered in the name of an individal nder 18 years of age (a minor), bt the investment may be designated with the name of a minor (see Section 1 of the Application form). 6. The cstomer s contry of residence or nationality, or personal circmstances may lead to HSBC Bank Nominee (Jersey) Limited setting a higher minimm investment threshold at its complete discretion. We will notify yo where this is the case. HSBC Bank Nominee (Jersey) Limited reserves the right to refse any application. 7. Dividends Please refer to the relevant Prospects for details of whether this is applicable to yor investment. 7.1 Lmp Sms Dividends will be reinvested atomatically at no initial charge. Lmp sm investors who wish to have dividends paid to them shold advise HSBC Bank Nominee (Jersey) Limited accordingly. If dividends are reqested in payment and not reinvested they will be paid to the first named applicant. Only dividends in excess of GBP50, USD50 or EUR50 can be reqested in payment. Dividends below this amont will be atomatically reinvested. Where reqested, all payments will be made by telegraphic transfer. 7.2 Monthly Investment Plan Dividends will be atomatically reinvested at no initial charge. 8. Data Protection Yor Information Capitalised terms sed in this clase 9 shall have the following meanings; Athorities incldes any jdicial, administrative, pblic or reglatory body, any government, any Tax Athority, secrities or ftres exchange, cort, central bank or law enforcement body, or any of their agents with jrisdiction over any part of the HSBC Grop. Compliance Obligations means obligations of the HSBC Grop to comply with: (a) Laws or international gidance and internal policies or procedres, (b) any demand from Athorities or reporting, disclosre or other obligations nder Laws, and (c) Laws reqiring s to verify the identity of or cstomers. Connected Person means a person or entity (other than yo) whose information (inclding Personal Data or Tax Information) yo provide, or which is provided on yor behalf, to any member of the HSBC Grop or which is otherwise received by any member of the HSBC Grop in connection with the provision of the Services. A Connected Person may inclde, bt is not limited to, any garantor, a director or officer of a company, partners or members of a partnership, any Sbstantial Owner, Controlling Person, or beneficial owner, trstee, settlor or protector of a trst, accont holder of a designated accont, payee of a designated payment, yor representative, agent or nominee, or any other persons or entities with whom yo have a relationship that is relevant to yor relationship with the HSBC Grop. Controlling Persons means individals who exercise control over an entity. For a trst, these are the settlor, the trstees, the protector, the beneficiaries or class of beneficiaries, and anybody else who exercises ltimate effective control over the trst, and for entities other than a trst, these are persons in eqivalent or similar positions of control. Cstomer Information means yor Personal Data, confidential 2

3 information, and/or Tax Information or that of a Connected Person. Financial Crime means money landering, terrorist financing, bribery, corrption, tax evasion, frad, evasion of economic or trade sanctions, and/or any acts or attempts to circmvent or violate any Laws relating to these matters. Laws inclde any local or foreign law, reglation, jdgment or cort order, volntary code, sanctions regime, agreement between any member of the HSBC Grop and an Athority, or agreement or treaty between Athorities and applicable to s or a member of the HSBC Grop. Personal Data means any information relating to an individal from which they can be identified. Services incldes (a) the opening, maintaining and closing of yor acconts and (b) maintaining or overall relationship with yo, inclding marketing services or prodcts to yo, market research, insrance, adit and administrative prposes. Services incldes all services provided to yo in connection with yor Advice Agreement. Sbstantial Owners means any individals entitled to more than 10% of the profits of or with an interest in more than 10% of an entity either directly or indirectly. Tax Athorities means Jersey, Hong Kong or foreign tax, revene or monetary athorities. Tax Certification Forms means any forms or other docmentation as may be issed or reqired by a Tax Athority or by s from time to time to confirm yor tax stats or the tax stats of a Connected Person. Tax Information means docmentation or information abot yor tax stats and the tax stats of any owner, Controlling Person, Sbstantial Owner or beneficial owner. Reference to the singlar incldes the plral (and vice versa). 8.1 Collection, Processing and Sharing of Cstomer Information This clase 8 explains how we will se Cstomer Information and that of connected persons. By sing the Services, yo agree that we and members of the HSBC Grop may se Cstomer Information in accordance with sch clases. Cstomer Information will not be disclosed to anyone (inclding other members of the HSBC Grop), other than where: we are legally reqired to disclose; we have a pblic dty to disclose; or or a third party s legitimate bsiness prposes reqire disclosre; the disclosre is made with yor consent; or it is disclosed as set ot in this clase. Collection We and other members of the HSBC Grop may collect, se and share Cstomer Information (inclding information abot yo, yor transactions, yor se of or prodcts and services, and yor relationships with the HSBC Grop). Cstomer Information may be reqested by s, by any member of the HSBC Grop, and may be collected from yo directly, from a person acting on yor behalf or from other sorces (inclding from pblically available information), and it may be generated or combined with other information available to s or any member of the HSBC Grop. Processing Cstomer Information will be processed, transferred and disclosed by s and or members of the HSBC Grop in connection with the following Prposes: a. the provision of Services and to approve, manage, administer or effect any transactions that yo reqest Sharing or athorise, b. meeting Compliance Obligations, c. condcting Financial Crime Risk Management Activity set ot in clase 8.3 below, d. collecting any amonts de and otstanding from yo, e. enforcing or defending or rights, or those of a member of the HSBC Grop, f. or internal operational reqirements or those of any member of the HSBC Grop (inclding credit and risk management, system or prodct development and planning, insrance, adit and administrative prposes), g. maintaining or overall relationship with yo (inclding, if yo agree, marketing or promoting financial services or related prodcts, and market research), and h. verifying yor identity By sing the Services, yo agree that we may, as necessary and appropriate for the Prposes, transfer and disclose any Cstomer Information to the following recipients globally (who may also process, transfer and disclose sch Cstomer Information for the Prposes): a. any member of the HSBC Grop; b. any sb-contractors, agents, service providers, or associates of the HSBC Grop (inclding their employees, directors and officers); c. any Athorities, in response to their reqests, or where yo have provided s with false or inaccrate information and Financial Crime is detected; d. persons acting on yor behalf, payment recipients, beneficiaries, accont nominees, intermediary, correspondent and agent banks, clearing hoses, clearing or settlement systems, market conterparties, pstream withholding agents, swap or trade repositories, stock exchanges, companies in which yo have an interest in secrities (where sch secrities are held by s for yo); e. any party to a transaction acqiring interest in, or assming risk in, or in connection with, the Services; f. other financial instittions, frad prevention organisations, trade associations, credit reference agencies or credit breas, and debt recovery agents; g. any third party fnd manager who provides asset management services to yo; h. any introdcing broker to whom we provide introdctions or referrals; i. any third party in connection with a bsiness transfer, disposal, merger or acqisition of bsiness by s or any HSBC Grop member; and j. selected third parties for marketing prposes, where yo have consented to marketing,wherever located, inclding in jrisdictions which do not have data protection laws providing the same level of protection as the jrisdiction in which the Services are spplied The above recipients may also process, transfer and disclose Cstomer Information for the prposes set ot above and they may be in contries where data protection laws don t provide the same level of protection as that in which yor accont is maintained. If yo appear to be tax resident otside of Jersey, then reglations on international tax transparency reqire s to report certain information abot yo and certain Connected Persons to the Jersey Tax Athority where yor accont is 3

4 held. Under international agreements to exchange accont information that Tax Athority may transfer this information to the Tax Athorities of other jrisdictions in which yo or a Connected Person may be tax resident. However, irrespective of where it is processed Cstomer Information will be protected by a strict code of secrecy and secrity applying to all members of the HSBC Grop, their staff and third parties holding information on their behalf. Yor Obligations Yo agree to inform s promptly, and in any event, within 30 days in writing if there are any changes to Cstomer Information spplied to s or a member of the HSBC Grop from time to time, and to respond promptly to any reqest from s or a member of the HSBC Grop Yo mst ensre that every Connected Person whose information (inclding Personal Data or Tax Information) yo (or anyone else on yor behalf) provided, or will from time to time provide, to s or a member of the HSBC Grop has been notified of and agreed to the processing, disclosre and transfer of their information as set ot in these Terms before their information is provided. Yo mst at the same time advise them that they have rights of access to, and correction of, their Personal Data Where: yo fail to provide promptly Cstomer Information that we reasonably reqested, or yo withhold or withdraw any consents that we may need to process, transfer or disclose Cstomer Information for the Prposes (except for prposes connected with marketing or promoting prodcts and services to yo), or we have, or a member of the HSBC Grop has, sspicions regarding Financial Crime or an associated risk, We may: a. be nable to provide new, or contine to provide all or part of any, Services to yo and reserve the right to terminate or relationship with yo; b. take actions necessary for s or a member of the HSBC Grop to meet the Compliance Obligations; and/or c. block, transfer or close yor accont(s) where permitted nder local Laws. In addition, if yo fail to spply promptly yor, or a Connected Person s, Tax Information and accompanying statements, waivers and consents, as may be reqested, then we may make or own jdgment with respect to yor stats, inclding whether yo are reportable to a Tax Athority, and we or other persons may withhold amonts where legally reqired by any Tax Athority and pay sch amonts to the appropriate Tax Athority. 8.2 Data Protection Whether it is processed in a home jrisdiction or overseas, in accordance with data protection legislation, Cstomer Information will be protected by a strict code of secrecy and secrity which all members of the HSBC Grop, their staff and third parties are sbject to Under data protection legislation, individals can make a written reqest for a copy of certain personal records we hold abot them. The crrent fee is per reqest from each individal. 8.3 Financial Crime Risk Management Activity We, and members of the HSBC Grop, are reqired, and may take any action to meet Compliance Obligations relating to or in connection with the detection, investigation and prevention of Financial Crime ( Financial Crime Risk Management Activity ). Sch action may inclde, bt is not limited to: (a) screening, intercepting and investigating any instrction, commnication, drawdown reqest, application for Services, or any payment sent to or by yo, or on yor behalf, (b) investigating the sorce of or intended recipient of fnds (c) combining Cstomer Information with other related information in the possession of any member of the HSBC Grop, and/or (d) making frther enqiries as to the stats of a person or entity, whether they are sbject to a sanctions regime, or confirming their identity and stats Exceptionally, or Financial Crime Risk Management Activity may lead to s delaying, blocking or refsing the making or clearing of any payment, the processing of yor instrctions or application for Services or the provision of all or part of the Services. To the extent permissible by law, neither we nor any other member of HSBC Grop shall be liable to yo or any third party in respect of any loss (however it arose) that was sffered or incrred by yo or a third party, cased in whole or in part in connection with the ndertaking of Financial Crime Risk Management Activity. 8.4 Tax Compliance Yo acknowledge that yo are solely responsible for nderstanding and complying with yor tax obligations (inclding bt not limited to, tax payment and filing of retrns or other reqired docmentation relating to the payment of all relevant taxes) in all jrisdictions in which those obligations arise and relating to the opening and se of accont(s) and/or Services provided by s and/or members of the HSBC Grop. Each Connected Person acting in their capacity as a Connected Person (and not in their personal capacity) also makes the same acknowledgement in their own regard. Certain contries may have tax legislation with extra-territorial effect regardless of yor or any Connected Person s place of domicile, residence, citizenship or incorporation. Neither we nor any member of the HSBC Grop provide tax advice. Yo are advised to seek independent legal and/or tax advice. Neither we nor any member of the HSBC Grop have responsibility in respect of yor tax obligations in any jrisdiction in which they may arise inclding any that may relate specifically to the opening and se of accont(s) and/or Services provided by s and/or members of the HSBC Grop. 8.5 Website and Personalisation When yo se a compter or other device to access websites operated by or on behalf of the HSBC Grop and associated third parties, information may be stored and accessed on that device: to improve yor experience; to improve the fnctionality, secrity and performance of those websites; to provide yo with promotional content; and/or to provide s with information abot how those websites are sed and how sers arrive at those websites. In the event that yo receive s sent by or on behalf of the HSBC Grop, sch s may contain technologies to track for market research prposes whether yo opened those s and whether yo accessed internet links contained within those s. Yo agree to information 4

5 being stored, accessed and sed in this way. Members of the HSBC Grop may also exchange, analyse and se relevant information abot yo in the ways described above to ensre that promotional content displayed to yo on screen when yo se HSBC Grop websites is more likely to be relevant and of interest. Frther information is available on or cookie policy, and site terms and privacy statement at or website Frther Information and Marketing To ensre that we carry ot yor instrctions accrately, to help s to improve or service and in the interests of secrity, we may monitor and/ or record yor commnications with s inclding telephone calls and conversations we have with yo in or branches. In the interests of secrity and for preventing and investigating crime we may se closed-circit television in and arond or premises for the monitoring and collection of sond and/or visal images. Any recordings remain or sole property We may make and retain copies of passports, driving licences or other identification evidence that yo provide If yo change yor mind at any time abot receiving marketing information via post, telephone, or any other method, or abot participating in market research, then please let s know. 8.7 Miscellaneos In the event of any conflict or inconsistency between any of this clase 9 and those terms in any other service, prodct, bsiness relationship, accont or agreement between yo and s, this clase 9 shall prevail. Any consents, athorisations, HSBC reqested waivers and permissions that already exist from yo in relation to Cstomer Information shall contine to apply in fll force and effect, to the extent permissible by applicable local law If all or any part of the provisions of these Terms become illegal, invalid or nenforceable in any respect nder the law of any jrisdiction, that shall not affect or impair the legality, validity or enforceability of sch provision in any other jrisdictions or the remainder of these Terms in that jrisdiction. 8.8 Srvival Upon Termination This clase 9 shall contine to apply notwithstanding their termination, any termination by s or a member of the HSBC Grop of the provision of any Services to yo or the closre of any accont. 9. Telephone or HSBC EXPAT Internet Banking Yo athorise HSBC Bank Nominee (Jersey) Limited to accept and act pon telephone instrctions or instrctions given throgh the compter and telecommnications network known as the internet whether by way of or otherwise ( internet instrctions ) from yo, on the condition that we reasonably consider that any instrction or commnication has been sent or made by yo and we are not aware of any circmstances (and there are no circmstances of which we reasonably shold be aware) which wold call this into qestion. At or discretion, we may ndertake frther secrity measres to ensre, as far as possible, that the instrction has been made by yo. Yo agree and irrevocably ndertake to indemnify s and keep s indemnified against all losses, claims, action, proceedings, demands, damages, costs and expenses incrred or sstained by s of whatever natre and howsoever arising ot of, or in connection with sch telephone or internet instrctions. All telephone instrctions will reqire written confirmation in original format, in order to complete the relevant transaction. 10. Restrictions on sale and isse Neither the Prospects, Brochre or Insert constittes an offer to sell, or invitation to prchase shares to any person, or in any territory where the making of sch an offer or invitation wold be nlawfl. Persons wishing to make an application herender mst satisfy themselves as to fll observance of the laws of any relevant territory in connection herewith obtaining any reqisite governmental or other consents, observing any other reqisite formalities and paying any isse, transfer or other taxes de in any sch territory. In particlar, neither the Prospects nor the Application form constittes an invitation or a solicitation to the general pblic of an offer to invest to residents of Astralia, Canada, France, Hong Kong, Malaysia or New Zealand; or to residents and nationals of USA. 11. General Information 11.1 Client classification We will categorise yo as a retail client and treat yo as sch in all or dealings with yo in respect of this investment service. Yo may reqest to be treated as a professional client. However, sbject to or acceptance of yor reqest, this wold reslt in yo receiving a lower level of reglatory protection Sitability and appropriateness In providing or services we are not reqired to assess the sitability or appropriateness for yo of investment in the shares of the Fnd (collective investment scheme or any other investment) and yo will not therefore receive any reglatory protections provided nder the rles of either or reglator that wold apply were we to give investment advice or as provided by the Eropean Markets in Financial Instrments Directive reglations Indcements In providing or services to yo nder these Application Terms and Conditions, we may pay or receive fees, commissions, or non-monetary benefits to or from or associates or other third parties in circmstances similar to those permitted nder the Eropean Markets in Financial Instrments Directive. In particlar: a. We will receive the initial charge. This one-off fee is crrently p to 5.54% for the fnds offered within Freedom Pls and is inclded in the prchase price of yor shares. This does not apply to B class shares; and b. The manager of the Fnd will pay s a proportion of its annal management charge for arranging this investment. The payment of the annal management charge will be made monthly and will be calclated pro rata to the vale of yor shares. Gross annal management fee rates range from 0.50% % per annm as specified in the prospects of the relevant Fnd. Where allowed by applicable legislation, these charges may be shared with yor agent, if any, for arranging the investment. Occasionally, we may benefit from non-financial incentives, sch as corporate hospitality and training. We maintain strict policies to control how benefits of this type are managed to protect the interests of cstomers. Frther information may be available on reqest. Please also 5

6 refer to the relevant Key Investor Information Docment Aggregation We may combine (aggregate) orders in respect of yor investments with those orders of other cstomers. By aggregating yor orders with those of other cstomers, we mst reasonably believe that it is nlikely that the aggregation wold work overall to the disadvantage of any of those cstomers. However, the effect of the aggregation may operate on some occasions to yor disadvantage in relation to a particlar order Conflicts of Interest Policy It is possible that other members of the HSBC Grop cold have interests in the arrangements contemplated by these Application Terms and Conditions that cold conflict with yor own. For example, an HSBC Grop Company may act as an investment manager for HSBC Global Investment Fnds and receive a fee for doing so. We maintain arrangements for the management of conflicts of interest so that they do not adversely affect yor interests. An appropriate smmary of that policy as at the date of these terms is shown below. The HSBC Grop is a global organisation which provides a wide range of financial services. As sch, it, or a company with whom it has an association ( HSBC ), may from time to time have interests which conflict with its clients interests or with the dties that it owes to its clients. These inclde conflicts arising between the interests of HSBC, its associates and employees on the one hand, and the interests of its clients on the other, and also conflicts between clients themselves. HSBC has established procedres which are designed to identify and manage sch conflicts. These inclde organisational and administrative arrangements to safegard the interests of clients. A key element of this policy is that persons engaged in different bsiness activities involving a conflict of interest mst carry on those activities independently of one another. Where necessary, HSBC maintains arrangements which restrict the flow of information to certain employees in order to protect its clients interests and to prevent improper access to client information. HSBC may also deal as principal for its own investment accont and may be matching transactions with another client. Procedres are in place in order to protect the client s interest in this instance. In some cases, HSBC s procedres and controls may not be sfficient to ensre that a potential conflict of interest does not damage a client s interests. In these circmstances, HSBC may consider it appropriate to disclose the potential conflict to the client and obtain the client s formal consent to proceed. However, HSBC may decline to act in any circmstance where there is residal risk of damage to the interests of any client. Yo may have frther qestions which relate to the nderlying procedres within HSBC. In sch cases yo shold contact s Langage We will normally commnicate with yo in English Docmentation and other information will normally be provided in English Reglation HSBC Bank Nominee (Jersey) Limited is reglated in Jersey by the Jersey Financial Services Commission. Explanatory Memorandm in respect of the Nominee Service HSBC Bank Nominee (Jersey) Limited (the Nominee ) will provide a nominee service (the Nominee Service ) in respect of shares offered throgh Freedom Pls. This service will be available to persons who wish to se the service to hold an investment. The minimm investment amont for investors sing the Nominee Service is GBP/USD/EUR10,000, for lmp sm investments and GBP250, USD250, or EUR250, per month for the Monthly Investment Plan. For all investors sing the Nominee Service the effect will be that, whilst the beneficial interest in the shares lies with the particlar investor, the legal title to those shares will be vested in the Nominee. This arrangement allows yo to deal direct with Jersey, on any related isse, giving yo a speedier and more efficient administration of yor holdings. In addition, investors sing the Nominee Service will receive half yearly valations of their holdings. The detailed terms pon which the Nominee Service is spplied are set ot below. No certificates or bearer shares are available to investors sing the Nominee Service. Nominee Service Agreement Yo as the Client will maintain yor shareholdings nder a nominee name in the share register of the fnds offered throgh Freedom Pls and the Nominee agrees to provide a nominee service (the Nominee Service ) for yo the Client prchasing Shares. It is agreed that: 1. Yor Sbscription 1.1 Yor orders for the prchase of Shares nder the Nominee Service can be accepted only on the basis of US dollar, sterling or ero amonts to be invested or for a nmber of Shares. 1.2 The Nominee will create the relevant sb-acconting records and will isse a contract note in respect of the applications for Shares received from yo. 1.3 The Nominee will remit payment to the Transfer Agent of the relevant Fnd wherepon the Shares will be registered in the name of the Nominee. The Transfer Agent will send a contract note to the Nominee. 1.4 The Nominee will isse a Confirmation of Ownership docment to yo recording the Shares which are held to yor order by the Nominee. No share certificates will be issed in respect of Shares held via the Nominee. A confirmation of ownership docment is not issed for Monthly Investment Plan investments. 2. Redemptions 2.1 If yo wish to redeem part or all of a holding of Shares, instrctions are to be sent to the Nominee. 2.2 Yor instrctions are to be provided to the Nominee in accordance with the terms and conditions. 2.3 The Nominee will reqire details of yor sorce of wealth (if not already held) in order to remit redemption proceeds to yo. 2.4 The Nominee will forward a contract note to yo and remit payment to yo in accordance with instrctions received. Note: instrctions to make payment to a third party will not be accepted. 3. Switches 3.1 If yo wish to switch part or all of a holding of Shares, instrctions are to be sent to the Nominee. 6

7 3.2 Yor instrctions are to be provided to the Nominee as specified in the Key Investor Information Docment and Prospects. 3.3 The Nominee will forward contract notes to yo, followed by a Confirmation of Ownership. 4. Shareholders Notices and Voting Rights The Nominee will forward to yo docmentation and/or issed information on fnds. Annal and half-yearly reports will not be sent to yo bt are available on reqest and on website Yo will also receive half-yearly indicative valations from the Nominee. Copies of the following docments are available pon reqest to the Nominee s registered office shown below at Clase 9: Prospects and Key Investor Information Docment Annal and half-yearly reports 5. Money Landering By law, the fnd vehicles and the Nominee are bond to abide by specific legal and reglatory provisions aimed at the prevention of the landering of money representing the proceeds of criminal activity. To comply with crrent legislation the Nominee is reqired to ascertain the natre and details of yor occpation or employment, how yo generate yor income and yor bsiness activities. The Nominee is also reqired to obtain proof of yor identity and residential address. Yo agree to provide the relevant information reqired by the Nominee at the time of opening an accont with the Nominee and to provide pdated information at any time thereafter whilst holding an accont with the Nominee. 6 Income & Reporting 6.1 The Nominee will normally pay yor income gross. However, if the Nominee s records show that yo are a resident of a Eropean Union member State, then the Nominee will atomatically exchange information abot yo, yor accont(s) and any income that has accred with the Jersey tax athorities. They, in trn, will pass this information to the tax athorities in the EU contry where yo reside. If yo benefit from an exemption nder Jersey tax legislation and provide s with the necessary docmentation, the Nominee will not atomatically exchange information abot yo with the Jersey tax athorities. If yo are resident in the UK bt not domiciled there and do not intend to transfer any of the income paid on yor accont back to the UK, yo may qalify for exemption. If yo are resident in another EU contry bt are not domiciled in that contry, yo may also qalify for exemption. The Nominee sggests yo seek gidance from yor local tax adviser. 6.2 Joint Acconts If yo have a joint accont and only one of yo resides in an EU member state then the Nominee will report the income proportionately, nless the Nominee advises yo otherwise. 7. Modification We may make changes to the terms of this agreement for all or any of the following specified reasons: if the change is favorable to yo; following, or in anticipation of, and to reflect a change in relevant law or reglation or to reflect a change in indstry gidance or code of practice; or to respond to the making of a recommendation, reqirement or decision of any cort, ombdsman, reglator or similar body; or to reflect changes or anticipated changes in costs associated with changes in relevant market conditions, changes in technology, changes in costs we pay to others, changes in inflation and/or changes in services or facilities we provide; or to make the provisions of this Agreement clearer; or to respond to any changes in or systems and procedres, inclding any change arising from the reorganisation of or bsiness as a reslt of it being acqired; or to reflect the costs or conseqences of any event beyond or control that may impact pon or provision services or facilities to yo We may also make changes for any other valid reason that applies and is not described in this clase. Whenever we make a change, we will always give yo at least 30 days prior written notice of sch a change (except where it is not possible for s to do so de to a change in applicable law). 8. Termination 8.1 The Nominee may terminate this agreement by 30 days notice in writing to yo. Yo may terminate this agreement by 30 days notice in writing to the Nominee. 8.2 The Nominee may, on written notice to yo, exercise any or all of the rights on the occrrence in the Nominee s opinion of any of the following events: a. any breach of this Agreement by yo; or b. any failre by yo or (if there is more than one of yo) any of yo to pay monies of whatever natre when de nder this Agreement; or c. the filing of a petition of bankrptcy, winding p or the commencement of any analogos proceedings against yo or (if there is more than one of yo) any of yo; or d. any dispte or proceedings between the Nominee and yo or (if there is more than one of yo) all or any of yo; or e. If yo have seriosly or persistently broken any of the Terms, inclding where: yo are, or the Nominee reasonably sspects yo may be, sing or obtaining, or allowing someone else to se or obtain, an accont, service or money illegally; or yor accont is, or the Nominee reasonably sspects yor accont is, being sed for an illegal prpose; or yo are, or the Nominee reasonably sspects yo may be, acting fradlently; or yor behavior is improper, for example yo act in a threatening or violent manner towards staff, which makes it inappropriate for the Nominee to maintain yor accont; or yo were not entitled to open yor accont or take ot yor service; or yo have not provided the Nominee with adeqate information reqired to determine yor tax liability (within Jersey, UK and where appropriate, overseas); or if the Nominee reasonably considers that by contining its bsiness relationship with yo, or the Nominee may break a law, reglation, code, cort order or other dty; or the Nominee, or another HSBC Grop company, may be exposed to action or censre from any government, reglator or law enforcement agency; or any other matter or event, inclding any reglatory reqirement, which, in the Nominee s opinion, renders termination necessary or advisable in the Nominee s interests. 7

8 In serving notice to yo, the Nominee shall not be reqired to give a reason to yo for so doing. 8.3 On the occrrence of any of the events described, the Nominee may cancel any otstanding instrction(s) at the Nominee s discretion. 8.4 Any termination of this Agreement and any withdrawal of Secrities, whether or not following termination, shall be withot prejdice to the Nominee s right to settle any liability incrred by yo nder this Agreement or by the Nominee on yor behalf prior to termination. 8.5 The Nominee will not be responsible for any loss or redction in the price of yor investments as a reslt of them being sold by s in ending or relationship. 9. Applicable Law and Jrisdiction This Agreement is governed by and shall be constred in accordance with the laws of Jersey. The parties sbmit to the non-exclsive jrisdiction of the Corts of the Island of Jersey. HSBC Bank Nominee (Jersey) Limited HSBC Hose, Esplanade St Helier, Jersey JE1 1HS Channel Islands Telephone: HSBC Bank Nominee (Jersey) Limited is reglated by the Jersey Financial Services Commission for Fnd Services Bsiness. 10. Complaints Contact s we re here to help We are committed to providing yo with a first-class service and effectively delivering the prodcts and services yo need. Even with the best intentions, we know things can go wrong. So, if for any reason yo are not entirely satisfied with any aspect of or service, please let s know as soon as possible. We ll investigate the sitation and where necessary, set abot ptting things right as qickly as possible. We may also take steps to avoid similar problems happening in the ftre. Yor views are important to s and yor feedback is key to improving the prodcts and services we offer. Telephone or Cstomer Care Team Or Cstomer Care Team is open Monday to Friday, 8am - 5pm (UK time) Otside of these hors, or 24/7 Contact Centre is here to assist yo. To help s continally improve or service, and in the interest of secrity, we may monitor and/or record yor commnication with s. Online If yo re an existing cstomer and se or Online Banking Service, yo can se the Contact Centre to send s a Secre Message once yo have logged on. Alternatively, yo can s at: expat.cstomer.relations@hsbc.com Post Write to s at the following address: Cstomer Care Team HSBC Expat HSBC Hose, Esplanade St Helier, Jersey JE1 1HS Channel Islands. Or complaints process What happens when yo first complain? We will always try to resolve yor concerns there and then. If this is not possible, we will flly investigate all the isses yo have raised by speaking with yo or writing to yo. We will acknowledge yor complaint within 48 hors and, in most cases, resolve yor concerns when we contact yo. Occasionally, however, it may be necessary to investigate yor complaint frther, bt we aim to resolve yor complaint within 5 working days for general banking related complaints and within one month for investment related complaints. If this is not possible, yo will be advised either by telephone or in writing. We hope that yo will not need to progress beyond this first step, as we are confident that we can resolve any concerns yo raise with s to yor satisfaction. What can yo do if yo re not satisfied with the response to yor complaint? Clearly, we always want to be able to resolve yor concerns. If yo consider that or response to yor complaint still does not flly address yor isses, please let s know so we can nderstand if there is anything more we can do. However, where yo are not satisfied with or final response to yor complaint, yo can refer yor concerns to the Channel Islands Financial Ombdsman (CIFO). If yo want to contact the CIFO abot yor complaint, yo will need to do this within six months from the date of or final response or they may not be able to review yor complaint. In addition, yo mst also contact CIFO within 6 years of the event complained abot or, if later, 2 years of when yo cold reasonably have been expected to become aware that yo had a reason to complain. Yo can contact the CIFO at: Channel Islands Financial Ombdsman P O Box 114 Jersey, Channel Islands JE4 9QG Website: enqiries@ci-fo.org Jersey local phone: Gernsey local phone: For frther details: Issed by HSBC Expat a trading name of HSBC Bank HSBC Bank plc, Jersey Branch, incorporated at HSBC Hose, Esplanade, St Helier, Jersey JE1 1HS. HSBC Bank plc, Jersey Branch is reglated by the Jersey Financial Services Commission for Banking General Insrance Mediation, Investment and Fnd Services Bsiness. HSBC Bank plc, Jersey Branch All Rights Reserved. CP001477/170717/CN/213. 8