Summary of Investor Rights
This is a summary of rights afforded to you as an investor whose name appears on the share register of the relevant collective investment scheme managed by AQA Capital Ltd (“AQA”).
Should you require any further information relating to the terms of your investment, please refer to the offering documentation of the relevant collective investment scheme, which may be obtained from the registered office of AQA or at the offices of the Administrator of the relevant collective investment scheme, free of charge upon request.
Entitlement to receive certain information relating to your investment
As an investor, a copy of the latest annual and, if available, semi-annual financial statements as well as the current offering documentation of the relevant collective investment scheme managed by AQA, is made available to you on request and free of charge by contacting AQA or the administrator appointed in respect of the collective investment scheme of which you are an investor.
The latest net asset value per share of the relevant collective investment scheme is also available on request from the administrator or AQA. The up-to-date net asset value per share of each respective fund can also be accessed on Bloomberg. Relevant Bloomberg ticker symbols will be available from AQA or the administrator appointed in respect of the collective investment scheme.
As an investor, your right of information shall be guaranteed and any material changes to certain information contained in the prospectus provided to you before you invested shall be notified to you in accordance with applicable regulatory requirements.
Entitlement to redeem your investment and receive dividend distributions
Investors are entitled to redeem their investment and receive the redemption proceeds relating to their shares within the timeframe and subject to such conditions as detailed in the offering documentation of the relevant collective investment scheme.
Voting rights and related matters
An investor has the right to vote (whether in ordinary or extraordinary general meeting or, where so permitted under the constitutive documents of the relevant collective investment scheme by way of a written resolution) on resolutions relating to the relevant collective investment scheme, sub-fund or share class thereof in accordance with the conditions set down in the offering documentation of the relevant collective investment scheme.
Investors shall also be entitled to be treated fairly and equally, within the timeframe and subject to such conditions as detailed in the offering documents of the relevant collective investment scheme, in case of liquidation of the relevant collective investment scheme, sub-fund or share class they are invested into.
Right to Complain
As an investor, you are entitled to file a complaint free of charge. Any such complaint must be handled by AQA promptly and effectively.
Please note that the European Directive (2020/1828) on representative actions for the protection of the collective interests of consumers (the “Directive”) foresees the establishment of a redress mechanism for consumers. The Directive is to be transposed into national laws by 25 June 2023.
Further information on AQA’s Complaints Handling Policy is available from AQA’s website: https://www.aqa-capital.com/
Investor rights against the relevant collective investment scheme and its service providers
As an investor, you have a right of action against the relevant collective investment scheme of which you are an investor for any breach of contract.
Investors do not have any direct contractual rights against any service provider appointed in respect of the relevant collective investment scheme because of the absence of a direct contractual relationship between investors and such service provider.
The relevant collective investment scheme or AQA. as applicable, has a right of action to pursue a service provider in respect of an alleged wrongdoing committed against the relevant collective investment scheme or AQA by the relevant service provider.
An investor has a regulatory right of action to pursue the depositary which has been appointed by the relevant collective investment scheme in respect of (i) any loss of an asset held in the custody of such depositary or any of its delegates or (ii) of any other losses caused by such depositary’s negligent or intentional failure to properly fulfil its obligations under applicable regulations provided that this does not lead to a duplication of redress or to unequal treatment of investors in the relevant collective investment scheme.
Representative actions under Maltese Law
Under Maltese Law, the Collective Proceedings Act (Chapter 520 of the Laws of Malta) which provides for a collective redress mechanism was introduced in 2012 and is solely limited to actions asking for the cessation of infringement, or the rectification of the consequences of infringement and, or compensation for harm where:
-infringement of the Consumer Affairs Act (Chapter 378 of the Laws of Malta), Product Safety Act (Chapter 427of the Laws of Malta) and the Competition Act (Chapter 379 of the Laws of Malta);
-an investigation before a public authority or proceedings before a tribunal or similar body or court of civil jurisdiction concerning an infringement of the laws; or
-a decision or judgement establishing a breach of the said laws in relation to the same facts has become res judicata.
It should be noted that this document addresses rights conferred on investors under the applicable legislation governing AQA. You may also be afforded rights under other legislation or regulatory frameworks which are not addressed above, such as for example, your rights as a data subject under Regulation 2016/679.