Collective Investment Funds (Jersey) Law, 1988 (the Law ) Application For: Certificate in relation to an Unclassified Fund

Transcription

1 CIF/ UCF CIF/ UCF Collective Investment Funds (Jersey) Law, 1988 (the Law ) Application For: Certificate in relation to an Unclassified Fund ** Important: before completing this form, please read carefully Appendix 2: Notes on the Completion of Application Form CIF/UCF. Section A - Details of the Application (See note 4) For Office Use A.1 Full Legal Name of Fund A.2 Full Legal Name of Applicant $ F FSB A.3 Function(s) to be performed by the Applicant for the Fund named above: (Please tick appropriate box(es)) 01. Company Issuing Units 02. Trustee 03. Member of a Partnership (Except a Limited Partner) A.4 Is the Applicant already a holder of a permit/certificate or waiting to be granted a permit/certificate in relation to either an Unclassified or Recognized Fund under the Law? If yes, the date on which the previous application form was signed: Please state the name of the fund for which the previous application was made: A.5 Please specify if this application is in connection with an umbrella or multi-class fund: (See note 5) Umbrella: Multi-class: The number of constituent parts of the Fund: The number of constituent parts that this application relates to:

2 Section B - Details of the Applicant To the extent that answers have already been provided as part of a separate application in accordance with the Financial Services (Jersey) Law 1998 and remain unchanged then please state "As previously advised" by way of response. B.1 Certificate contact name and address for Applicant in relation to any certificates issued: (See note 7) Name: Address: address: Telephone: Facsimile: B.2 Is the registered office address different to answer B.1? (If yes, please enter details below) B.3 Is the principal place of business different to answer B.1? (If yes, please enter details below) B.4 (a) Country of Incorporation of Applicant (b) Date of Incorporation of Applicant (c) Company Registration Number B.5 (a) Ultimate Beneficial Owner of Applicant (b) Legal structure of ultimate Beneficial Owner (including partnership/trust etc.) (c) Country of formation of ultimate Beneficial Owner (d) Does the Fund issue management shares or similar: (If yes please state the name of all legal and ultimate beneficial owners of the management shares) B.6 (a) First accounting date for audited financial statements Day Mth Yr (b) Subsequent accounting date for audited financial statement (where different)

3 B.7 Auditor of Applicant: Name: Address: Address: Telephone: Facsimile: B.8 (a) Does the Applicant use, or propose to use a business or trading name different from that given in the answer to A.2? (b) If yes, please state name B.9 (a) Is the Applicant a member, has applied, or intends to apply for membership of any self regulatory organisation, professional body, investment exchange or clearing house in the UK or overseas? (b) If yes, please give details Organisation Membership No. Date B.10 Principal Person information, please indicate clearly who from the list of Principal Persons is the CEO. If the Applicant is a Protected Cell Company ( PCC ), please indicate who are the directors of the PCC and of each cell of the PCC.(see note 8) Full Name: Capacity which makes you a Principal Person E.G. Director, CEO etc Jersey Resident Y/N PQ already submitted to JFSC on? (d/m/y) % Beneficial Ownership Please state the name of the Compliance Officer Please state the address of the Compliance Officer PQ already submitted? Please state the name of the Money Laundering Reporting Officer Please state the address of the Money Laundering Reporting Officer PQ already submitted? Please state the name of the Money Laundering Compliance Officer Please state the address of the Money Laundering Compliance Officer PQ already submitted?

4 Section C - Declaration The Applicant is required to notify the JFSC immediately of: (a) (b) any other information which it considers relevant to this application; and any significant changes in the information provided in this application which occur after the date of submission of the application and prior to the Applicant receiving notification of the JFSC s decision concerning the application. (THE ATTENTION OF SIGNATORIES IS DRAWN TO ARTICLE 16 OF THE LAW) Personal data provided to the Commission - a data controller as defined in the Data Protection (Jersey) Law will be used by the Commission to discharge its statutory, administrative and operational functions. Further information may be found in the Commission s data protection policy, copies of which are available on request from the Commission and which may also be found on We declare that the information given in: (See note 9 & 10) (i) Section A above, (ii) Section B above, (iii) Section D attached, (iv) Section(s) E attached, is complete and correct to the best of our knowledge at the time of the application and that there are no other material facts of which the JFSC should be aware. We declare that all relevant PQs have been submitted or are enclosed with this application together with the relevant certificate fees. For and on behalf of: Signatures: Names: Positions: Date: (dd/mm/yyyy) (dd/mm/yyyy) This application form must be signed by two Principal Persons of the Applicant. Please Note: If it is preferred that during the period when this application is being considered, any correspondence relating only to this application should be addressed to someone other than the person named in B.1 above, please give details below:

5 Section D - Details of the Fund (See note 11) For Office Use D.1 Full Legal Name of the Fund $ Where the Fund is a scheme or arrangement with more than one legal vehicle, please complete the scheme name above and provide the full legal name of each consistent part of the Fund below. F D.2 Legal Form of Fund (please tick the appropriate box) Closed Ended Unit Trust Open Ended Unit Trust Limited Partnership Other (please specify below) Closed Ended Investment Company Open Ended Investment Company Closed Ended Protected Cell Investment Company Open Ended Protected Cell Investment Company Life Assurance Linked Contract D.3 (a) Country of Formation of Fund (b) Date of Formation of Fund (c) Registration Number of Fund (if applicable) D.4 If application is in respect of an umbrella or multi-class fund, please specify: Umbrella Multi-class Number of Constituent Parts D.5 Which type of investor will the Fund be marketed to? (Please tick the relevant box(es)) General Public High Net Worth Sophisticated Institutional Single Investor Expert (as defined in the Expert Fund Guide) D.6 Is the Fund any of the following: (please tick appropriate box(es))? Index Tracker Split Capital Fund of Funds Feeder Fund None of the above D.7 (a) Is the Fund licensed/authorised for promotion elsewhere? (b) If so, where? D.8 Is any constituent part of the Fund listed? If yes, please provide details as to where the Fund is listed. If the Fund is planning to list in the 12 months following an offer being made, please provide details.

6 D.9 (a) Year end of fund: (dd/mm/yyyy) For Office Use (b) First Accounting date if different (c) When will annual reports be published? D.10 Name and Address of Auditor to the Fund: Name: Address: Address: Telephone: Facsimile: D.11 Name and Address of Statistics Officer to the Fund: Name: Address: Address: Telephone: Facsimile: D.12 Name and Address of Alternate Statistics Officer to the Fund ( in case of absence): Name: Address: Address: Telephone: Facsimile: Please note: Quarterly fund statistics are required to be submitted to the JFSC electronically. The named Statistics Officer will be responsible for this. D.13 Do the Manager and Custodian/Trustee have the same ultimate holding company? Section E - Details of the Fund (See note 12) Please note: This section should be completed for all funds. In respect of an umbrella, PCC or multi-class fund please photocopy this section as many times as needed and complete one page for each constituent part of the Fund. E.1 Full Legal Name of the Fund E.2 Name of constituent Part (applicable only for multi-class/umbrella funds) E.2.1 Is the consistent part to be open or closed ended? E.3 Investment Policy Please refer closely to Appendix 1 (codes for Investment Policy) and enter below the code and description that most closely matches the investment policy of the fund/constituent part: Code Description

7 E.4 Primary investment objective: 01 Capital Growth 02 Income 03 Both (Choose one only) E.5 Minimum investment amount required: E.6 Base Currency: E.7 Which type of investor will the Fund be marketed to? (Please tick the relevant box(es)) General Public High Net Worth Sophisticated Institutional Single Investor Expert (as defined in the Expert Fund Guide) E.8 Is the Fund any of the following: (please tick appropriate box(es)) Index Tracker Split Capital Fund of Funds Feeder Fund None of the above E.9 Has application been made and subsequently been REFUSED for authorisation in relation to the Fund/Constituent Part under the rules and laws of any regulatory body, or for the units to be admitted to the listing of any stock exchange or other principal market? (If yes, please enter details below) Important: Please Note - If this section is completed in respect of an additional constituent part of an already existing fund the Declaration after this page must be completed.

8 Declaration The Applicant is required to notify the Jersey Financial Services Commission (the JFSC ) immediately of: (a) (b) any other information which it considers relevant to this application; and any significant changes in the information provided in this application which occur after the date of submission of the application and prior to the Applicant receiving notification of the JFSC s decision concerning the application. (THE ATTENTION OF THE SIGNATORIES IS DRAWN TO ARTICLE 16 OF THE LAW) We declare that the information given herein is complete and correct to the best of our knowledge at the time of the application and there are no other material facts of which the JFSC should be aware. For and on behalf of: Signatures: Names: Positions: Date: (dd/mm/yyyy) (dd/mm/yyyy) This application form must be signed by two Principal Persons of the Applicant. If the Applicant is a PCC, this section of the Application form must be signed by two Principal Persons of the relevant cell of the PCC.

9 Appendix 1: Codes for Investment Policy Code Description Equity E01 Equity-UK E02 Equity-Europe (Including UK) E03 Equity-Europe (Excluding UK) E04 Equity-US (North America) E05 Equity-Japan E06 Equity-Far East (Including Japan) E07 Equity-Far East (Excluding Japan) E08 Equity-Global Emerging Markets E09 Equity-Global Equity E10 Equity-Other B01 B02 B03 B04 B05 Bond Bond-Global Bond-UK Debt Bond-US Debt Bond-Europe Bond-Other M01 M02 M03 M04 M05 Money Market Money Market-Sterling Money Market-US Dollar Money Market-Euro Money Market-Swiss Money Market-Other S01 S02 S03 S04 S05 S06 S07 Specialist Specialist-Venture Capital/Private Equity - Emerging Markets Specialist-Venture Capital/Private Equity - Other Specialist-Real Property Specialist-Derivatives Specialist-Traded Endowment Policies Specialist-Hedge/Alternative Investment Funds Specialist-Other X01 Mixed Mixed-Mixed Equity and Bond

10 Appendix 2: Notes on the Completion of Application Form CIF/UCF GENERAL (1) The form is to be completed in accordance with the requirements of the Collective Investment Funds (Jersey) Law, 1988, as amended (the Law ), and any associated Orders and Regulations. (2) If more space is needed the answer should be written on a separate sheet of paper with the heading: Continuation of answer to question _ of application form CIF/UCF. (3) Answers are to be written in black ink in BLOCK CAPITALS or typed. Section A - The Application (4) All questions in this section are to be completed by all applicants. (5) For the purpose of the completion of this form the following definitions will apply:- Single Class Fund: A fund with one class of redeemable shares/units where the assets are held as a single pool. Multi-class Fund: A fund with more than one class of redeemable shares/units and where the assets are held as a single pool. Umbrella Fund: A fund with more than one class of redeemable shares/units and where the assets are held separately for each class. Section B - Details of the Application (6) This Section is to be completed ONCE by each Applicant and all questions are to be completed save that to the extent that answers have already been provided as part of a separate application in accordance with the Financial Services (Jersey) Law 1998 and remain unchanged then please state "As previously advised" by way of response. (7) The Commission requires that each holder of a certificate ( Certificate Holder ) nominates only one person as general contact for all correspondence relating to all certificates under the Law granted to the Certificate Holder. (8) Section B10. A "Principal Person" is defined in Article 1 of the Collective Investment Funds (Jersey) Law 1988, as amended. Personal Questionnaires and Letters advising of changes forms can be downloaded from the Commission's website. ( Section C - The Declaration (9) To be completed by all applicants. (10) Item (ii) should be deleted only if ALL the required information has previously been given. Section D - Details of the Fund (11) This section must be completed ONCE for each fund. Section E - Details of the Fund (12) This section must be completed ONCE for each fund. If the fund is an umbrella fund, multi-class or a PCC, photocopies should be taken and a separate sheet should be completed in respect of each constituent part of the fund. Payment of Fees (13) For the Application to be valid, the correct fee must accompany each form. (14) For details of fees payable, see the notice published on the Commission's website in accordance with Article 15 of the Financial Services Commission (Jersey) Law 1998 as amended and Article 7(12) of the Collective Investment Funds (Jersey) Law 1988 as amended. (15) If paying by cheque, please make the cheque payable to the "Jersey Financial Services Commission" and crossed "A/C payee". COMPLETED APPLICATION FORMS should be sent to: The Senior Manager Securities-Authorisation Jersey Financial Services Commission, PO Box 267, Castle Street, St Helier, Jersey, JE4 8TP