Pictet CH Institutional The fund contract Securities fund under Swiss law A contractual umbrella fund of the type other securities funds, aimed at qualified investors within the meaning of the legislation on Collective Investment Schemes January 2013
Heading Contents I Legal basis... 4 1. Name of the fund: name and registered office of the fund management company and the custodian bank... 4 II Rights and obligations of the parties to the contract... 5 2. The fund contract... 5 3. The fund management company... 5 4. Custodian bank... 6 5. Investors... 6 6. Units and unit classes... 8 III Investment policy guidelines... 13 A Investment principles... 13 7. Compliance with investment guidelines... 13 8. Investment policy... 13 9. Liquid assets... 24 B Investment techniques and instruments... 25 10. Securities lending... 25 11. Securities repurchase agreements... 26 12. Derivative financial instruments... 27 13. Borrowing and lending... 29 14. Encumbrance of the subfunds assets... 29 C Investment restrictions... 29 15. Risk diversification... 29 IV. Calculation of the net asset values and issue and redemption of units... 31 16. Calculation of the net asset value... 31 17. Issue and redemption of units... 32 Fees and incidental costs... 34 18. Fees and incidental costs charged to the investor... 34 19. Fees and incidental costs charged to the subfunds assets... 35 VI Financial statements and audit... 46 20. Financial statements... 46 21. Audit... 46 VII Appropriation of net income... 47 22.... 47 VIII Publication and communication of official notices by the umbrella fund and subfunds... 47 2
23.... 47 IX Sales restrictions... 48 X Restructuring and dissolution... 48 24. Mergers... 48 25. Duration and dissolution of the subfunds and fund... 49 XI Changes to the fund contract... 50 26.... 50 XII Applicable law and place of jurisdiction... 50 27.... 50 3
The fund contract I Legal basis 1. Name of the fund: name and registered office of the fund management company and the custodian bank 1. A contractual umbrella fund of the type 'other traditional securities funds' has been established under the name of Pictet CH Institutional (referred to below as "the fund") in accordance with Art. 25 et seq. in conjunction with Art. 68 and Art. 92 et seq. of the Swiss Federal Act on Collective Investment Schemes of 23 June 2006 (CISA). The fund currently comprises the following subfunds: 1) Pictet CH Institutional - European ex Swiss Equities Tracker 2) Pictet CH Institutional - European ex Swiss Equities Tracker ex SL 3) Pictet CH Institutional - Emerging Markets Tracker 4) Pictet CH Institutional - Japanese Equities Tracker 5) Pictet CH Institutional - North American Equities Tracker 6) Pictet CH Institutional - North American Equities Tracker US TE 7) Pictet CH Institutional - Pacific Basin ex Japan Equities Tracker 8) Pictet CH Institutional - Swiss Equities 9) Pictet CH Institutional - Swiss Equities Tracker 10) Pictet CH Institutional - Swiss Equities Tracker ex SL 11) Pictet CH Institutional - World Equities 12) Pictet CH Institutional - World ex Swiss Equities Tracker 13) Pictet CH Institutional - World ex Swiss Equities Tracker ex SL 14) Pictet CH Institutional - World ex Swiss Equities Tracker US TE 15) Pictet CH Institutional - World ex Swiss Equities Tracker US TE ex SL 16) Pictet CH Institutional - CHF Bonds 17) Pictet CH Institutional - CHF Bonds Tracker 18) Pictet CH Institutional - Foreign Bonds 19) Pictet CH Institutional - Foreign Bonds ex JPY hgd CHF 20) Pictet CH Institutional - Foreign Bonds Tracker 21) Pictet CH Institutional - Swiss Real Estate Funds 2. The fund management company is Pictet Funds SA, Route des Acacias 60, 1211 Geneva 73. 3. The custodian bank is Banque Pictet & Cie SA, Route des Acacias 60, 1211 Geneva 73. 4. This fund is aimed at qualified investors within the meaning of the legislation on Collective Investment Schemes, and at the request of the fund management company and the custodian bank, the supervisory authority has ruled non-applicable the provisions of the CISA regarding the duty to draw up a prospectus and a simplified prospectus or Key Investor Information document (KIID), the duty to produce semi-annual reports, the duty to publish the issue and redemption prices of units based on net asset value and the duty to issue and redeem the units in cash. 4
5. In place of the prospectus and the simplified prospectus or the Key Investor Information document, the fund management company publishes an informative notice that includes details about the fund management company, the custodian bank, the investment policy, the fee structure and investor eligibility. II Rights and obligations of the parties to the contract 2. The fund contract The legal relationship between the investors on the one hand and the fund management company and the custodian bank on the other shall be governed by the present fund contract and the applicable provisions of the legislation on collective investment schemes. 3. The fund management company 1. The fund management company manages the subfunds at its own discretion and in its own name, but for the account of the investors. It decides in particular on the issue of units, the investments and their valuation. It calculates the net asset value of the subfunds and determines the issue and redemption prices of units as well as distributions of income. It exercises all rights associated with the umbrella fund and subfunds. 2. The fund management company and its agents are subject to the duties of loyalty, due diligence and disclosure concerning the subfunds and the investment fund. They act independently and exclusively in the interests of the investors. They implement the organisational measures that are necessary for proper management. They ensure the provision of transparent financial statements and provide appropriate information on the umbrella fund and subfunds. 3. The fund management company can delegate investment decisions as well as specific tasks for all subfunds or for individual subfunds, provided this is in the interests of efficient management. It shall commission only persons who are qualified to execute the delegated tasks properly, and shall ensure the provision of instructions as well as monitoring and controlling in respect of the tasks. 4. The fund management company may with the consent of the custodian bank submit a change to the present fund contract to the supervisory authority for approval (see 26) and may also establish further subfunds with the approval of the supervisory authority. 5. The fund management company can merge the individual subfunds with other subfunds or with other investment funds pursuant to the provisions set down under 24 and can dissolve the individual subfunds pursuant to the provisions set down under 25. 6. The fund management company can manage part or all of the assets of different investment funds or subfunds jointly ( pooling ), provided these are managed by the same fund management company and the assets are held in safekeeping by the same custodian bank. This shall not give rise to any additional costs for the investors. The pooling shall not create any liability between the investment funds or subfunds involved. The fund management company shall at all times be in the position to allocate the investments of the pool to the individual investment funds or subfunds involved. The pool shall not constitute a separate fund in its own right. 7. The fund management company is entitled to receive the fees stipulated in 18 and 19. It is further entitled to be released from the liabilities assumed in the proper execution of its tasks, and to be reimbursed for expenses incurred in connection with such liabilities. 5
4. Custodian bank 1. The custodian bank is responsible for the safekeeping of the assets of the subfunds. It handles the issue and redemption of fund units as well as managing payment transactions on behalf of the subfunds. 2. The custodian bank and its agents are subject to the duties of loyalty, due diligence and disclosure. They act independently and exclusively in the interests of the investors. They implement the organisational measures that are necessary for proper management. They ensure the provision of transparent financial statements and provide appropriate information on the umbrella fund and subfunds. 3. The custodian bank may delegate the safekeeping of the assets of the subfunds to third-party custodians or collective securities depositories in Switzerland or abroad. It is liable for applying due diligence when choosing and instructing any such third parties, as well as for monitoring constant compliance with the selection criteria. 4. The custodian bank ensures that the fund management company complies with the law and the fund contract. It checks whether the calculation of the net asset values and of the issue and redemption prices of the units as well as the investment decisions are in compliance with the law and the fund contract, and whether the income is appropriated in accordance with the fund contract. The custodian bank is not responsible for the choice of investments made by the fund management company in accordance with the investment regulations. 5. The custodian bank is entitled to receive the fees stipulated in 18 and 19. It is further entitled to be released from the liabilities assumed in the proper execution of its tasks, and to be reimbursed for expenses incurred in connection with such liabilities. 5. Investors 1. This fund is aimed exclusively at qualified investors within the meaning of the legislation on Collective Investment Schemes. 6
2. In respect of subfunds: - Pictet CH Institutional - World ex Swiss Equities Tracker US TE - Pictet CH Institutional - World ex Swiss Equities Tracker US TE ex SL - Pictet CH Institutional - North American Equities Tracker US TE investor eligibility for these subfunds is restricted to (i) Swiss retirement benefits institutions within the meaning of the Swiss Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans (LPP/BVG) that are exempted from taxation at source by the United States of America in respect of income from securities under the terms of the Double Taxation Agreement between the Swiss Confederation and the United States of America, and (ii) government bodies or bodies controlled by a government as well as international organisations which, by virtue of US tax legislation and/or a Double Taxation Agreement between the country of residence of the investor and the United States of America, are exempted from taxation at source by the United States of America in respect of income from securities, and which are qualified investors within the meaning of the legislation on Collective Investment Schemes. The investors in these subfunds must, at the time of the initial subscription, have provided Banque Pictet & Cie SA (custodian bank), Pictet Funds SA (fund management company) or Pictet & Cie (Europe) SA, Luxembourg (transfer agent) with original tax documents (normally forms "W-8BEN" or "W-8EXP") demonstrating that they meet the conditions for tax exemption and must agree to their identity being transmitted to another entity of the Pictet. On the basis of these documents and any other documentary evidence they may require, the fund management company or the transfer agent may, at their discretion, decide to authorise an investment in these subfunds. If the investor is unable to provide the required documents, or if the custodian bank, the fund management company or the transfer agent determine that the investor no longer meets the necessary prerequisites for participation in this unit class, the latter's units will be subject to a forced redemption in accordance with 5, prov. 8 below. The fund management company reserves the right to require the investor concerned to make good any losses that may have been caused to the subfund through the provision by this investor of inaccurate, incomplete, erroneous or obsolete information or documents, or through the investor's failure to supply updated information and documents following a change of circumstances, and which led the fund management company or the transfer agent to authorise or continue to authorise this investor's investment in these subfunds. 3. On concluding the contract and making a payment in cash or in kind, the investor acquires a claim against the fund management company in respect of the units acquired, in the form of a participation in the assets and income of a subfund of the umbrella fund. The investor s claim is evidenced in the form of fund units. Investors are entitled to participate in the assets and income of only that subfund in which they hold units. Liabilities attributable to an individual subfund are borne solely by the said subfund. 4. The investors are obliged only to remit payment, in cash or securities, for the units of the subfund to which they subscribe. They shall not be held personally liable for the liabilities of the umbrella fund or the other subfunds. 5. Investors may at any time request that the fund management company supply them with the necessary information regarding the basis on which the net asset value per unit is calculated. If investors express an interest in more detailed information about specific business transactions effected by the fund management company, such as the exercising of membership and creditor rights, they must be given such information by the fund management company at any time. The investors may request at the courts of the registered office of the fund management company that 7
the auditors or another expert investigate the matter which requires clarification and furnish the investors with a report. 6. The investors may terminate the investment fund contract at any time and demand that their share in the subfund concerned be reimbursed. Detailed information is set out in the informative notice. 7. If requested, the investors are obliged to provide the fund management company, the custodian bank and their agents with proof that they comply with or continue to comply with the provisions laid down in the law or the fund contract in respect of participation in a subfund or in a unit class. Furthermore, they are obliged to inform the fund management company, the custodian bank or their agents immediately once they no longer meet these prerequisites. 8. The fund management company in conjunction with the custodian bank must make an enforced redemption of the units of an investor at the current redemption price if: a) this is necessary to safeguard the reputation of the financial market, and in particular to combat money laundering; b) the investor no longer meets the legal, regulatory, contractual or statutory requirements for participation in a subfund. 9. The fund management company in conjunction with the custodian bank can also make an enforced redemption of the units of an investor at the current redemption price if: a) the participation of the investor in a subfund is such that it could have a significant detrimental impact on the economic interests of the other investors, in particular if the participation could result in tax disadvantages for the umbrella fund and/or its subfunds in Switzerland or abroad; b) the investors have acquired or hold their units in violation of provisions of a law to which they are subject either in Switzerland or abroad, or of the present fund contract or of the prospectus; c) there is a detrimental impact on the economic interests of the investors, in particular in cases where individual investors seek by way of systematic subscriptions and immediate redemptions to achieve a pecuniary gain by exploiting the time differences between the setting of the closing prices and the valuation of the subfund s assets (market timing). 6. Units and unit classes 1. The fund management company can establish different unit classes and can also merge or dissolve unit classes for each subfund at any time subject to the consent of the custodian bank and the approval of the supervisory authority. All unit classes embody an entitlement to a share in the total assets of the subfund concerned, which are not segmented. This share may differ due to classspecific costs or distributions or class-specific income and the various classes may therefore have different net asset values per unit. Class-specific costs are covered by the assets of the subfund as a whole. 2. Notification of the establishment, dissolution or merger of unit classes shall be communicated in writing directly to the investor. Only mergers shall be deemed a change to the fund contract pursuant to 26. 3. The various unit classes of the subfunds may differ from one another in terms of their cost 8
structure, reference currency, currency hedging, policy with regard to distribution or reinvestment of income, the minimum investment required and investor eligibility. Fees and costs are charged only to the unit class for which the respective service is performed. Fees and costs that cannot be unequivocally allocated to a unit class shall be charged to the individual unit classes on a pro rata basis in relation to their share of the subfund s assets. 4. The unit classes currently available are the following: 4.1 Capitalisation shares I units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. I CHF units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. The Swiss franc is the reference currency of this unit class. I JPY units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. The Japanese yen is the reference currency of this unit class. I EUR units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. The euro is the reference currency of this unit class. I USD units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. The US dollar is the reference currency of this unit class. J units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. J CHF units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. The Swiss franc is the reference currency of this unit class. J JPY units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. The Japanese yen is the reference currency of this unit class. J EUR units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. The euro is the reference currency of this unit class. J USD units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. The US dollar is the reference currency of this unit class. P units are not subject to any quantitative restrictions. P CHF units are not subject to any quantitative restrictions. The Swiss franc is the reference currency of this unit class. P JPY units are not subject to any quantitative restrictions. The Japanese yen is the reference currency of this unit class. P EUR units are not subject to any quantitative restrictions. The euro is the reference currency of this unit class. P USD units are not subject to any quantitative restrictions. The US dollar is the reference currency of this unit class. 9
Z units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. Z CHF units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. The Swiss franc is the reference currency of this unit class. Z JPY units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. The Japanese yen is the reference currency of this unit class. Z EUR units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. The euro is the reference currency of this unit class. Z USD units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. The US dollar is the reference currency of this unit class. IX USD, JX USD, PX USD and ZX USD are available to qualified investors which meet the prerequisites stated for the equivalent units (I USD, J USD, P USD and Z USD), and which also meet the following two cumulative conditions: a) The investors on whose behalf the unit class is subscribed are (i) Swiss retirement benefits institutions within the meaning of the Swiss Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans (LPP/BVG) that are exempted from taxation at source by the United States of America in respect of income from securities under the terms of the Double Taxation Agreement between the Swiss Confederation and the United States of America, or (ii) government bodies or bodies controlled by a government or international organisations which, by virtue of US tax legislation and/or a Double Taxation Agreement between the country of residence of the investor and the United States of America, are exempted from taxation at source by the United States of America in respect of income from securities; b) The investors on whose behalf the unit class is subscribed must, at the time of the initial subscription, have provided Banque Pictet & Cie SA (custodian bank), Pictet Funds SA (fund management company) or Pictet & Cie (Europe) SA, Luxembourg (transfer agent) with original tax documents (normally forms "W-8BEN" or "W-8EXP") demonstrating that they meet the conditions for tax exemption and must agree to their identity being transmitted to another entity of the Pictet. The custodian bank, the fund management company and the transfer agent may at any time require the investors to provide updated original tax documents and any other documentary evidence to allow them to verify that the investors continue to meet the prerequisites for an investment in the unit class. If the investor is unable to provide the required documents, or if the custodian bank, the fund management company or the transfer agent determine that the investor no longer meets the necessary prerequisites for participation in this unit class, the latter's units will be subject to a forced redemption in accordance with 5, prov. 8 above. HI CHF units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. These shares will aim to hedge to a large extent the currency risk against the Swiss franc. HJ CHF units are available to investors making an initial investment worth at least CHF 5,000,000 10
in the fund, except in the Emerging Markets Tracker and World ex-swiss Equities Tracker subfunds, where the minimum investment must be worth at least CHF 50,000,000. These shares will aim to hedge to a large extent the currency risk against the Swiss franc. HP CHF units are not subject to any quantitative restrictions. These shares will aim to hedge to a large extent the currency risk against the Swiss franc. HZ CHF units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. These shares will aim to hedge to a large extent the currency risk against the Swiss franc. 4.1 Distribution shares I dy units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. I dy CHF units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. The Swiss franc is the reference currency of this unit class. I dy JPY units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. The Japanese yen is the reference currency of this unit class. I dy EUR units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. The euro is the reference currency of this unit class. I dy USD units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. The US dollar is the reference currency of this unit class. J dy units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. J dy CHF units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. The Swiss franc is the reference currency of this unit class. J dy JPY units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. The Japanese yen is the reference currency of this unit class. J dy EUR units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. The euro is the reference currency of this unit class. J dy USD units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund. The US dollar is the reference currency of this unit class. P dy units are not subject to any quantitative restrictions. P dy CHF units are not subject to any quantitative restrictions. The Swiss franc is the reference currency of this unit class. P dy JPY units are not subject to any quantitative restrictions. The Japanese yen is the reference currency of this unit class. P dy EUR units are not subject to any quantitative restrictions. The euro is the reference currency of this unit class. 11
P dy USD units are not subject to any quantitative restrictions. The US dollar is the reference currency of this unit class. Z dy units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. Z dy CHF units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. The Swiss franc is the reference currency of this unit class. Z dy JPY units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. The Japanese yen is the reference currency of this unit class. Z dy EUR units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. The euro is the reference currency of this unit class. Z dy USD units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. The US dollar is the reference currency of this unit class. IX dy USD, JX dy USD, PX dy USD and ZX dy USD are available to qualified investors which meet the prerequisites stated for the equivalent units (I dy USD, J dy USD, P dy USD and Z dy USD), and which also meet the following two cumulative conditions: a) The investors on whose behalf the unit class is subscribed are (i) Swiss retirement benefits institutions within the meaning of the Swiss Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans (LPP/BVG) that are exempted from taxation at source by the United States of America in respect of income from securities under the terms of the Double Taxation Agreement between the Swiss Confederation and the United States of America, or (ii) government bodies or bodies controlled by a government or international organisations which, by virtue of US tax legislation and/or a Double Taxation Agreement between the country of residence of the investor and the United States of America, are exempted from taxation at source by the United States of America in respect of income from securities; b) The investors on whose behalf the unit class is subscribed must, at the time of the initial subscription, have provided Banque Pictet & Cie SA (custodian bank), Pictet Funds SA (fund management company) or Pictet & Cie (Europe) SA, Luxembourg (transfer agent) with original tax documents (normally forms "W-8BEN" or "W-8EXP") demonstrating that they meet the conditions for tax exemption and must agree to their identity being transmitted to another entity of the Pictet. The custodian bank, the fund management company and the transfer agent may at any time require the investors to provide updated original tax documents and any other documentary evidence to allow them to verify that the investors continue to meet the prerequisites for an investment in the unit class. If the investor is unable to provide the required documents, or if the custodian bank, the fund management company or the transfer agent determine that the investor no longer meets the necessary prerequisites for participation in this unit class, the latter's units will be subject to a forced redemption in accordance with 5, prov. 8 above. HI dy CHF units are available to investors making an initial investment worth at least CHF 1,000,000 in the fund. These shares will aim to hedge to a large extent the currency risk against the 12
Swiss franc. HJ dy CHF units are available to investors making an initial investment worth at least CHF 5,000,000 in the fund, except in the Emerging Markets Tracker and World ex-swiss Equities Tracker subfunds, where the minimum investment must be worth at least CHF 50,000,000. shares will aim to hedge to a large extent the currency risk against the Swiss franc. These HP dy CHF units are not subject to any quantitative restrictions. These shares will aim to hedge to a large extent the currency risk against the Swiss franc. HZ dy CHF units are available to investors making an initial investment worth at least CHF 500,000 in Pictet funds and who have concluded a discretionary management or service agreement with an entity of the Pictet. These shares will aim to hedge to a large extent the currency risk against the Swiss franc. 5. Units shall not take the form of actual certificates but shall exist purely as book entries. The investors are not entitled to demand delivery of a unit certificate. 6. The fund management company is obliged to instruct investors who no longer meet the prerequisites for holding a unit class to ensure within 30 calendar days that their units are redeemed pursuant to 17, transferred to a person who does meet the aforementioned prerequisites, or switched into units of another unit class of the subfund concerned whose prerequisites they do meet. If an investor fails to comply with this demand, the fund management company may, in cooperation with the custodian bank, make an enforced switch into another unit class of the subfund concerned pursuant to 5, prov. 8, or, should this not be possible, enforce the redemption of the units in question. III Investment policy guidelines A Investment principles 7. Compliance with investment guidelines 1. In selecting individual investments for each subfund, the fund management company must adhere to the principle of balanced risk diversification and must observe the percentage limits defined below. These percentages relate to the assets of the individual subfunds at market value and must be complied with at all times. The individual subfunds must have fulfilled the terms of the investment restrictions no later than six months after the subscription date (launch). 2. If the limits are exceeded as a result of market-related changes, the investments must be restored to the permitted level within a reasonable period, taking due account of the investors' interests. If the limits relating to derivatives pursuant to 12 below are exceeded due to a change in the delta, this is to be rectified within three bank business days at the latest, taking due account of the investors' interests. 8. Investment policy 1. Within the framework of the specific investment policy of each subfund, the fund management company may invest the assets of the individual subfunds in the following investments: 13
a) Securities, i.e. securities issued in large quantities and non-securitised rights with the same function (uncertified securities) that are traded on a stock exchange or another market open to the public, and that embody a participation right or claim or the right to acquire such securities or uncertified securities by way of subscription or exchange, for example warrants. Investments in securities from new issues are only permitted if their admission to a stock exchange or another regulated market open to the public is envisaged under the terms of issue. If they have not been admitted to a stock exchange or another regulated market open to the public within a year after their acquisition, these securities must be sold within one month or included under the restriction set down in prov. 1 lit. f). b) Derivatives, if (i) the underlying securities are securities pursuant to lit. a, derivatives pursuant to lit. b, units in collective investment schemes pursuant to lit. c, money market instruments pursuant to lit. d, financial indices, interest rates, exchange rates, credits or currencies, and (ii) the underlying securities are permitted as investments under the fund contract. The derivatives are either traded on a stock exchange or other regulated market open to the public, or are traded OTC. Investments in derivatives traded over the counter (OTC transactions) are permitted only if (i) the counterparty is a regulated financial intermediary specialising in such transactions, and (ii) the OTC derivatives can be traded daily or a return to the issuer is possible at any time. In addition, it must be possible for them to be valued in a reliable and transparent manner. Derivatives may be used pursuant to 12. c) Units of other collective investment schemes (target funds), provided that (i) their documents restrict investments for their part in other target funds to a total of 49%; (ii) these target funds are subject to provisions equivalent to those pertaining to securities funds or to the category "other securities funds" in respect of the purpose, organisation, investment policy, investor protection, risk diversification, asset segregation, borrowing, lending, shortselling of securities and money market instruments, the issuing and redemption of fund units and the content of the semi-annual and annual reports; and (iii) these target funds are authorised as collective investment schemes in their country of domicile and are subject there to supervision which is equivalent to that in Switzerland and which serves to protect investors, and that international legal assistance is ensured. For the Pictet CH Institutional - Swiss Real Estate Funds subfund: Units of Swiss collective investment schemes in the "real estate funds" category and Swiss real estate investment companies that are listed on a stock exchange. d) Money market instruments, provided these are liquid, can be readily valued and are traded on an exchange or other regulated market open to the public; money market instruments which are not traded on an exchange or other regulated market open to the public may be acquired only if the issue or the issuer is subject to the provisions regarding creditor or investor protection and if the money market instruments are issued or guaranteed by issuers pursuant to Art. 74, para. 2 CISO. e) Sight or time deposits with terms to maturity not exceeding twelve months with banks domiciled in Switzerland or in a member state of the European Union or in another country provided that the bank is subject to supervision in that country which is equivalent to the supervision in Switzerland. f) Investments other than those specified in lits. a) to e) above up to a total of 10% of the fund 14
assets. 2. 1) Pictet CH Institutional - European ex Swiss Equities Tracker a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on or strongly correlated with the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund, including ETFs; ac) derivatives (including warrants and futures) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one-third of the total assets of the subfund in money market instruments such as those defined in lit. d) prov. 1 of 8. The subfund s reference currency is the euro. 2) Pictet CH Institutional - European ex Swiss Equities Tracker ex SL a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on or strongly correlated with the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund, including ETFs; ac) derivatives (including warrants and futures) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one-third of the total assets of the subfund in money market instruments such as those defined in lit. d) prov. 1 of 8. The subfund's reference currency is the euro. Securities lending is not authorised for this subfund. 3) Pictet CH Institutional - Emerging Markets Tracker 15
a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on or strongly correlated with the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund, including ETFs; ac) derivatives (including warrants and futures) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one third of the total assets of the subfund in in money market instruments such as those defined in lit. d) prov. 1 of 8. The subfund's reference currency is the US dollar. 4) Pictet CH Institutional - Japanese Equities Tracker a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on or strongly correlated with the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund, including ETFs; ac) derivatives (including warrants and futures) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one-third of the total assets of the subfund in money market instruments such as those defined in lit. d) prov. 1 of 8. The subfund's reference currency is the Japanese yen. 5) Pictet CH Institutional - North American Equities Tracker a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: 16
aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on or strongly correlated with the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund, including ETFs; ac) derivatives (including warrants and futures) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one-third of the total assets of the subfund in money market instruments such as those defined in lit. d) prov. 1 of 8. The subfund's reference currency is the US dollar. 6) Pictet CH Institutional - North American Equities Tracker US TE a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on or strongly correlated with the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund, including ETFs; ac) derivatives (including warrants and futures) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one-third of the total assets of the subfund in money market instruments such as those defined in lit. d) prov. 1 of 8. The subfund's reference currency is the US dollar. Investor eligibility for this subfund is restricted to (i) Swiss retirement benefits institutions within the meaning of the Swiss Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans (LPP/BVG) and (ii) government bodies or bodies controlled by a government or international organisations which are exempted from taxation at source by the United States of America in respect of income from securities, as mentioned under 5, prov. 2 above and which are qualified investors. 7) Pictet CH Institutional - Pacific Basin ex Japan Equities Tracker a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: 17
aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on or strongly correlated with the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund, including ETFs; ac) derivatives (including warrants and futures) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one-third of the total assets of the subfund in money market instruments such as those defined in lit. d) prov. 1 of 8. The subfund's reference currency is the US dollar. 8) Pictet CH Institutional - Swiss Equities a) For this subfund, whose benchmark index reflects the Swiss equity market, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund; ac) derivatives (including warrants) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one third of the total assets of these subfunds in: ba) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies not included on the benchmark index designated by the fund management company; bb) units of other money market collective investment schemes; bc) derivatives (including warrants) on the above investments. 9) Pictet CH Institutional - Swiss Equities Tracker a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on the benchmark index designated by the fund management company; ab) derivatives (including warrants) on the above investments. 18
b) The fund management company may also invest up to one-third of the total assets of the subfund in money market instruments such as those defined in lit. d) prov. 1 of 8. 10) Pictet CH Institutional - Swiss Equities Tracker ex SL a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on the benchmark index designated by the fund management company; ab) derivatives (including warrants) on the above investments. b) The fund management company may also invest up to one-third of the total assets of the subfund in money market instruments such as those defined in lit. d) prov. 1 of 8. Securities lending is not authorised for this subfund. 11) Pictet CH Institutional - World Equities a) For this subfund, whose benchmark index reflects the international equity market, the fund management company shall invest at least two thirds of the subfund's total assets in: aa) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies included on the benchmark index designated by the fund management company; ab) units of other collective investment schemes which according to their documents invest their assets or a part thereof in accordance with the guidelines of the present subfund; ac) derivatives (including warrants) on the above investments. In the case of investments in other collective investment schemes pursuant to lit. ab) above, the fund management company shall ensure that at least two thirds of the fund s assets on a consolidated basis are invested in investments pursuant to lit. aa) above. b) The fund management company may also invest up to one third of the total assets of these subfunds in: ba) equities and other equity-type securities and rights (shares, dividend-right certificates, shares in cooperatives, participation certificates, etc.) issued by companies not included on the benchmark index designated by the fund management company; bb) units of other money market collective investment schemes; bc) derivatives (including warrants) on the above investments. 12) Pictet CH Institutional - World ex Swiss Equities Tracker a) For this subfund, which will track the weighting of the equities in the benchmark index, the fund management company shall invest at least two thirds of the subfund's total assets in: 19