Wealth and Investment Management Terms and Conditions Offshore Investment Account
Legal Terms 1. Definitions 1.1 Account means the AIMS Offshore Investment Account; 1.2 BAGL means Barclays Africa Group Limited and all its subsidiaries including us; 1.3 Business Day means any day of the week other than a Saturday, Sunday or a public holiday; 1.4 Cap/Capping means the decision to suspend the acceptance of further investments into an Investment; 1.5 CMA means the Client Cash Movement Account; 1.6 Distribution Fund means the AIMS Distribution Fund; 1.7 FAIS Act means the Financial Advisory and Intermediary Services Act; 1.8 Form means the application together with these Legal Terms; 1.9 Investment(s) means the underlying financial products of the Account; 1.10 Manager means the appointed entity(s) managing the Investments; 1.11 Product Supplier means any third party supplying the Investments; 1.12 Representative means the authorised financial services provider you have appointed as your representative and shall include its representatives; 1.13 Terms means these legal terms; 1.14 Trigger Event means the return by a bank of any income or repurchase payments made by us into your bank account or the return by the post office of any communication sent by us to you or any other event which we may deem to necessitate undertaking a trace for you; 1.15 Unclaimed Assets means any assets or benefits due to you as a result of investments placed through us and which remain under our administration after the happening of a Trigger Event; 1.16 Unit(s) means any interest, undivided share, interest share or participatory interest, whether the value of which remains constant or varies; 1.17 Unit Trust(s) means a collective investment scheme; 1.18 Us/we/our means Absa Investment Management Services Proprietary Limited; 1.19 US Person means: any citizen of the united States of America ( US ) or natural person resident in the US; any partnership or corporation organised or incorporated under the laws of the US; any estate of which any executor or administrator is a US Person; any agency or branch of a foreign entity located in the US; any trust of which any trustee is a US Person; any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organised, incorporated or resident in the US; any partnership or corporation if: (a) organised or incorporated under the laws of any foreign jurisdiction; and (b) formed by a US Person principally for the purpose of investing in securities not registered under the Securities Act of 1933 of the US. 1.20 you means you, the investor who has completed and signed the Form and is bound by these Terms. 2. One Agreement 2.1 The Form together with the required supporting documents will form the basis of the contract between you, the Product Suppliers and us. Any quotation supplied to you prior to undertaking the Investment shall only be for illustrative purposes. Words defined in these Terms have the same meaning when used in the Form and our other forms. 2.2 We reserve the right to change these Terms when required by legislation, our operational or business needs. Where the changes are relevant, we will advise you of the changes and how they affect you. You agree to check our Terms, on the applicable channels, from time to time. 2.3 You agree to be bound by the latest version of our Terms. 2.4 In the event of any changes to your personal details, you agree to inform us as is required by the Financial Intelligence Centre Act (FICA). 2.5 We will not process your application unless we have received all of the relevant documentation required, as set out in FICA and our new business requirements process. We reserve the right to request further documentation as we may require. 2.6 The address you have provided on the Form shall be used for all notices and processes to be given to you. 2.7 We may, on notice to you, cede, assign, transfer and delegate any of our rights and obligations under these Terms to another entity or person without requiring your consent. 2.8 No provision of this application form is intended to induce or in any manner request a client to waive any right or benefit conferred onto the client by any applicable legislation.
3. Our Role 3.1 Our role is to offer the opportunity to invest in the Investments through the Account, to administer the Account and to carry out any valid instructions you may give to us in relation to the Account. 3.2 We are a part of BAGL and thus also administer Investments supplied by other entities forming BAGL. 4. Your Instructions 4.1 We will only accept written instructions from you. Your written instructions may be sent to us by hand, via the postal service, facsimile, email or any other means we may agree to in the future. 4.2 We will only accept instructions from your Representative if they have been approved as a financial services provider in terms of the FAIS Act and an approved mandate signed by you has been submitted to us, setting out the terms of your Representative's discretion if your Representative has a discretionary mandate. 4.3 We will not process any unclear, incomplete or ambiguous instructions sent to us and we shall revert to you with our requirements. 4.4 Any instructions or documents sent via facsimile or email these channels are at your own risk, including the risk of delay, non-receipt or third party interception. You hereby indemnify and hold us harmless for any direct losses or damages you may suffer as a result of sending instructions or documents by facsimile or email or us acting on any purported faxed or emailed instructions or documents sent from your facsimile number or email address. 4.5 We will use our reasonable endeavours to ensure that we carry out your instructions within a period reasonable to the nature of the instruction, and in accordance with our own timing standards set out in the Form. However, there may be circumstances beyond our control which might lead to us not being able to adhere to our timing standards. 4.6 Funds received through a debit order will only be invested after 21 (twenty one) days from the date of the debit order and only once the funds have been cleared and appear on our bank account. 4.7 We will only pay interest to you in respect of any new Investment only after the first Business Day after receipt of the funds by us. After the said first Business Day, interest shall become payable. 4.8 As the administrator of the Investments, we will retain 1.95% of interest earned, until such time as an Investment transaction is effected. The retained interest shall be used to pay for bank charges. 4.9 No interest shall be payable to you in respect of funds held during a period when you have instructed us to switch your Investments from one Investment to another. 4.10 Should you effect a repurchase of any Investment, no interest shall be payable on these, if it is paid to you within the first completed Business Day after we receive it. 5. Investment Selection and associated risks 5.1 The choice of investing in the Account is always yours or as advised to us by your Representative. In selecting the Investments, you acknowledge that you did not rely on any information supplied by us and that you made your selection on your own accord or upon the advice of your Representative. 5.2 We do not guarantee the performance of the Investments and should any guarantee be available, this will be derived from the Product Supplier. We will not in any way be liable for the performance or non-performance of the Investments. 5.3 You acknowledge that you are aware of the nature and risk associated with the Investments including but not limited to risk of capital loss. You also acknowledge you have not placed any reliance on information supplied by us in selecting the Investments. 5.4 You understand that the legal and tax environment is continually changing, and that we cannot be held responsible for any changes to legislation which might have an effect on your Investments or tax implications which did not exist at the time your Investment was made. 5.5 The Investments you have selected will be administered by us on your behalf but always subject to any terms and conditions of the Manager. These terms and conditions may be contained in a unit Trust deed, or any other documentation which might be applicable, copies of which may be obtained from the Manager on request. 6. Account Requirements You can only invest in the Account if you meet the following requirements: 6.1 You must be a natural person older than 18 (eighteen) years; 6.2 With respect to investment amounts, the following shall apply: A minimum lump sum of R100 000 is required; If you already have at least R50 000 invested in any of our other investments, the minimum investment shall be R50 000; A minimum of R25 000 shall be invested in respect of each Investment selected. 6.3 Before being allowed to invest offshore and in order to comply with the requirements of the South African Reserve Bank (SARB) and the South African Revenue Services (SARS), you are required to complete the SARB Exchange Control MP 1423 and the SARS Application for Tax Clearance Certificate-FIA001. 6.4 We undertake to convert the rand amount invested into the appropriate foreign currency through the International division of BAGL and to transfer the converted amount to the offshore funds and/or companies selected by you. The rand amount will be converted to the appropriate foreign currency at the exchange rate ruling on the date of conversion, which date shall be determined by us. 7. Custody of Investments 7.1 7.2 Any Investments you are invested in will be held on your behalf, in the name of AIMS Nominees (RF) Proprietary Limited. 7.3 Your funds and Investments shall at all times be kept and remain separate from our own funds.
8. Distributions 8.1 Distributions on Investments will either be reinvested in order to purchase additional units or paid out into your chosen bank account. 8.2 Where the Distribution Fund has been selected for fee deduction purposes but does not form part of your Investments, then we have the right to deduct the fees pro-rata from the current funds in your Investments. 9. Fees, charges and investment management fees You acknowledge that you are aware that certain fees apply to your Investments. These fees could either be initial and/or on-going fees as set out in this Form. 10. Representative Fees 10.1 You acknowledge that your Representative is entitled to the fees. You hereby authorise us to deduct any such fees from your Investments and to pay the fees to your Representative. 10.2 We will continue to deduct and pay this fee to your Representative unless you provide us with a written instruction to stop such payment. 10.3 Any full redemption of your Investments during the course of the month before the payment fees to your Representative will result in your Representative not being paid their fees for that month. Fees and commission payable by us to your Representative will thus be based on the values of your Investments as at the date of their payment. You confirm that your Representative understands this process and accepts it. 11. Our charges and fees 11.1 We will charge you an annual administration fee as set out in the Form. This charge is calculated on the market value of your Investments. 11.2 We will also charge you an annual processing fee of R228.00, inclusive of VAT, deductible from your Investments on a quarterly basis. 11.3 Should the balance of your Investment equal or become less than R228.00, we have the right to redeem the balance and pay out the proceeds as our fees. The Investment will then be closed off. 11.4 We may increase our charges after 3 (three) months prior written notice to you by us. 11.5 We may receive fee discounts from the Product Suppliers as consideration for making their Investments available as underlying investment options on our administration platform, for the access to certain data, bulking, administration and distribution services performed by us as well as access to our distribution channel. 12. Investment management and Product Supplier fees 12.1 Investment management fees will also be levied and these will vary and depend on the Manager. 12.2 Certain fees may be levied by the Product Suppliers and these will depend on the Investments and the Product Supplier. 13. Capping and closure of Investments Capping 13.1 Should we Cap any Investment, we will inform you of the Cap and also request your instructions regarding which Investment we should invest your further contributions. 13.2 If we do not receive instructions from you about where to invest your contributions, we will invest the contributions in an Investment selected by us until the Cap is lifted or we receive your instructions. 13.3 After lifting the Cap, we will reinvest your contributions into the relevant Investment. 14. Closing 14.1 Should we close any Investment or the Account, we will inform you of the closure and also request your instructions regarding which Investment we should invest your further contributions. 14.2 If we do not receive instructions from you about where to invest your contributions, we will invest the contributions in an Investment selected by us until we receive your instructions. 15. Unit Trust Disclosures You acknowledge that you are aware of the following: 15.1 there are risks associated with investments in unit Trusts; 15.2 investments in unit Trusts are generally medium- to long-term investments; 15.3 the value of units may go down as well as up. Past performance is not necessarily a guide to future performance; 15.4 fluctuations or movements in exchange rates may cause the value of underlying international investments in unit Trusts to move up or down; 15.5 unit Trusts are traded at ruling prices; 15.6 securities in a unit Trust may be lent to borrowers subject to such conditions as are imposed by the deed of a unit Trust; 15.7 income from unit Trusts is distributed monthly, quarterly and half-yearly and may only be paid out into an account as nominated by you; 15.8 unit Trusts are financial products and not investments in insurance policies with an insurer and therefore cooling-off periods do not apply;
15.12 in respect of unit Trusts that derive their income primarily from interest-bearing instruments, the yield may be historic or current at a given date; 15.13 investments in unit Trusts with foreign securities may involve various material risks which include, potential constraints on liquidity and the repatriation of funds, macroeconomic, political, foreign exchange, tax and settlement risks and potential limitation on the availability of market information; In respect of Money Market unit Trusts, you acknowledge that you are aware that: 10.19 the Money Market is not a bank deposit account; 10.20 a constant unit Price of R1,00 (one Rand) will be maintained although, owing to circumstances, it may be changed to a lower amount; 10.21 your total return is made of interest received and any gain or loss made on any particular instrument; 10.22 in most cases the return will merely have the effect of increasing or decreasing the daily yield but in cases of abnormal losses it can have the effect of reducing the capital value; 10.23 the yield is calculated using an annualised 7 (seven) day rolling average; and 10.24 excessive withdrawals may place liquidity pressures and in such circumstances a process of ring-fencing of withdrawal instructions and managed pay-outs over time may be followed. 16. Disclosure on Unclaimed Assets You acknowledge that you are aware of the following: Within 6 (six) months of the happening of a Trigger Event, we will contact you in order to advise you of your unclaimed Assets, using both internal and external information available to us; Within 3 (three) years after the happening of a Trigger Event, we will contact you in order to advise you of your unclaimed Assets, using both internal and external information available to us. Should we reach you and inform you of your unclaimed Assets and you do not act on our information, we will not take any further steps; and Within 10 (ten) years after the happening of a Trigger Event, we will contact you in order to advise you of your unclaimed Assets, using both internal and external information available to us. Should we not be able to reach you, we will request an external tracing company to trace you. 16.4 There will be direct administrative, tracing and management costs associated with unclaimed Assets and which may change from time to time and such changes will be communicated to you in writing during the existence of your relationship with us. 16.5 As a condition of your investment, we are entitled to recover any reasonable direct administrative, tracing and management costs from you by deducting these costs from the value of your unclaimed Assets once we have located you. 16.6 Where applicable, your unclaimed Assets will be invested in a money market fund selected by us until such time as we have been able to trace you and you give us different instructions. 16.7 For the purpose of facilitating your tracing in the future, you hereby consent to us sharing your personal information with our appointed external tracing company, in compliance with legislation relating to the sharing of personal information. 17. Taxes and Payment 18. Death 15.9 Managers do not provide any guarantee either with respect to the capital or the return of a unit Trust; 15.10 directors and personnel of a Manager may be invested in our unit Trusts; 15.11 Managers hold professional indemnity cover; 16.1 Your right to your unclaimed Assets will remain intact until they have been paid to you, regardless of the timeframe. 16.2 upon the happening of a Trigger event, we will take the following steps in an attempt to contact or trace you; 16.3 You are and will remain responsible for ensuring that your contact information with us is at all times kept up to date. 17.1 You acknowledge that income tax and/or capital gains tax may be levied on certain of the benefits accruing to you from certain of the Investments in the Account, and that the Product Suppliers may be required to deduct and pay over to the authorities any such tax from such benefits before paying any balance to you. 17.2 You acknowledge that you are aware that you are liable for all taxes payable by you to the relevant authorities. 17.3 unless you are exempt and have provided us with a signed declaration form to this effect, your Investments may be subject to dividend and interest withholding taxes, at their respective prescribed rates. We are required by law to withhold dividends and interest taxes and pay it over to the South African Revenue Services. On death, the funds held in your Investments shall remain in the Investment until they are paid in accordance with the laws relating to the administration of deceased estates. 19. Compliance with Applicable Law 19.1 As part of BAGL, we are committed to complying with national and international law, rules and regulations and policies regarding the combating of criminal activities, money laundering and terrorist financing. 19.2 Your application and all information concerning you are subject to verification, processing, screening and profiling against internal and external data sources. We may be obliged to decline your applications or may request additional documents such as financial statements and asset and liability statements if you fall in a certain risk category. 19.3 After acceptance of your application, all information, instructions and transactions on your behalf will be subject to continuous screening and
profiling which may prohibit, limit or delay the execution thereof and which may oblige us to terminate our relationship with you. 19.4 To the extent allowed by law, we will inform you of any prohibitions or limitations on your application, instructions or transactions. 19.5 We, our respective affiliates, employees, officers and directors will not be liable for any special, punitive, indirect or consequential losses or damages, including, without limitation, loss of profits or any anticipated savings. 20. Quarterly Statements 20.1 We will make statement available to you or you may request a statement from us at any time, detailing the composition of your Investments, any changes, the market values and any changes. 20.2 You hereby authorise us to make any such statement available to your Representative. 20.3 You may also access such information as contained in the report on a continuous basis via our contact centre on 0860 000 005 or from our internet site, at absainvestments.co.za 20.4 Should we not receive any notification within 30 (thirty) days of the statement having been sent out to you, that the statement contains errors, or is not a true reflection of your Investment, then we shall be entitled to regard the statement as being correct in every way. 20.5 The values shown on statements reflect the latest information available as at the statement date. 21. US Person 21.1 You confirm that you are not a US Person and agree and promise to inform us as soon as you become a US Person during your relationship with us. 21.2 If you become a US Person during your relationship with us, we have the right to end the relationship with immediate effect. 21.3 If you are a US Person, we have the right to decline your application. 22. Conflict of Interest Disclosure a. AIMS is mandated by a number of companies and other Authorised Financial Services Providers to market their products. A list of these is available on request. AIMS is part of the Barclays Africa Group of companies. b. Apart from Absa Group Product Suppliers, AIMS does not directly or indirectly hold more than 10% of any other product suppliers shares or equivalent financial interest. c. The financial statements of AIMS as at the end of the preceding financial year shall, if applicable, reflect whether AIMS has received more than 30% of its total remuneration, including commission, from any one supplier herein. The list of AIMS accredited products from the above mandated companies will be made available to you by the AIMS Representative on request. d. Absa, complies with Code of Conduct to the Financial Advisory and Intermediary Services (FAIS) Act and the provisions dealing with Conflict of Interest. A detailed policy can be found at https://www.absa.co.za/content/dam/south-africa/absa/pdf/compliance/policy-statement- Conflicts-of-Interest.pdf. Timing standards 1 The cut-off times for which an instruction must be processed, are as follows: 1.1 New business: Any signed application form, fully and correctly completed, received by us together with all the required documentation and the funds deposited into the product bank account before 13:00, will be processed by us the latest or following Business Day. The cut-off time for new business to be instructed on each dealing day (i.e. the Wednesday of each week) is 13:00 on the preceding Friday. If Rands are received, the money will be converted on the next Monday using the 2-day spot rate. For daily and weekly priced funds, the value date of Wednesday instructions will be done on a Wednesday and for monthly priced funds, the nearest Wednesday, 5 (five) working days before the end of the month, will be used. For weekly priced funds, prices and contract notes are normally received from the management companies within 10 (ten) Business Days. For monthly priced funds, prices and contract notes are normally received from the management companies within 28 (twenty eight) to 30 (thirty) Business Days. 1.2 Repurchases: Any signed instructions to repurchase fully and correctly completed received by us will be captured later or the following Business Day. The cut-off time for offshore repurchases is 13:00 on a Tuesday, to be instructed the next Wednesday. For daily and weekly priced funds, payment of the proceeds of the said repurchase shall take place into the investor s bank account within 10 (ten) working days after the instruction has been made. For monthly priced funds, payment of the proceeds shall take place 6 (six) to 12 (twelve) weeks after the instruction has been made. 1.3 Certain rebalancing activities on wrap funds require a minimum of 10 (ten) Business Days to complete, may occur at ad hoc times for a specific fund/portfolio and during these periods no transactions will be processed. We will not be held liable for any losses that may occur for not processing any transactions during a period of rebalancing.