Legal Information2018-06-22T10:05:50+00:00

The Wisian Capital South African Equity Fund is a sub-fund of Sanlam Universal Funds plc. The Fund is authorised in Ireland and regulated by the Central Bank of Ireland.  First Avenue Investment Management (pty) Ltd, who is the investment manager appointed to the fund, is an authorized financial services provider.

Should you require a copy of our conflict of interest policy or wish to lodge a complaint, kindly email info@wisiancapital.com or call +27 11 772 2480

Term of Use for this Website

The terms are subject to change at any time without notice. Access to and use of the website may be restricted or terminated at any time and without notice.

Access to and use of the website as well as the terms is governed by the law of Ireland. The place of jurisdiction is Dublin.

The information contained on this website and specifically the descriptions of individual products constitute neither an offer to purchase the products nor an invitation to engage in any other transactions.

Proprietary rights
Unless otherwise stated, Wisian is the sole owner of and rightful claimant to each individual part of this website.

No act of downloading or otherwise copying from the website will transfer any legal entitlement to any software or material on the website to you. Wisian reserves all intellectual property rights (such as copyright and trademark rights) to all material on the website, and will enforce such rights to the full extent of applicable law.

Publication or any other use of this website either in whole or in part requires the written authorization of Wisian. In addition, the name Wisian Capital must always be cited in connection with any use of elements of the website.

No warranty
Wisian provides no warranty and makes no representations of any kind whatsoever regarding: (i) the accuracy or completeness of the content; (ii) the results to be obtained by any user of the website; or (iii) any third party content accessible on or through the website. In particular there is no liability of Wisianto update the content of the website or to remove or delete outdated content.

Any data, including but not limited to financial market data, quotes, notices, research or other financial information accessible through this website, have been obtained from carefully selected sources believed to be reliable. All such information is provided “as is” to the user without express or implied warranties of any kind, including warranties of quality, originality, non-infringement of intellectual property or fitness for any particular purpose.

The fact that a user takes access to the website does not make him a client of Wisian.

Statements concerning future developments and estimates are based on assumptions that may be inaccurate, that could change or that are based on simplified models. Wisian does not know whether its statements concerning future developments will be correct. Wisian may also change its opinion concerning a future development. In such case, Wisian has no obligation to inform anyone about the change in opinion.

This website contains links to other websites. Wisian has not examined the content of these websites. Visitors who access a website through these links do so at their own risk, and Wisian declines any responsibility for the content or the smooth functioning of any such website.

Wisian is not liable for the improper or incomplete transmission of the information contained in this website, or for any delay in its receipt; any harm or loss resulting from malicious software code or viruses in this e-mail or its attachments, including data corruption resulting there from; any offensive, derogatory or defamatory statements or materials, which this website may contain.

No liability
To the maximum extent permitted by current laws and/or regulations, Wisian capital, including its directors, agents, employees, sub-contractors and its sales partners disclaim any and all liability for losses or damages of any kind whatsoever arising directly or indirectly as a result of (1) the data, information, accuracy, completeness or otherwise of the content or any links or third party content; (2) any errors in or omissions from the website; (3) use of or access to the website; (4) any inability to access or use the website for any reason.

To the full extent permitted by current laws and/or regulations, Wisian capital shall not be liable for any (1) loss of profits or revenue or savings or other economic loss, (2) loss of business or goodwill, (3) loss of or damage to data, (4) incidental or special loss, (5) wasted or lost management time, or (6) indirect or consequential loss arising from use of or access to the website, even if advised of the possibility of any such loss or damage or if such loss or damage was foreseeable.

Storage of data
Wisian has outsourced the storage and archiving of company data to a specialized third party firm. The outsourcing is limited to the storage and archiving of data and occurs abroad. The processing of data is done within Wisian and is not outsourced. The activity of the third party firm essentially consists of setting up and maintaining the corresponding servers. The regulatory authorities and the auditing firm have been informed by Wisian about the outsourcing, and the data protection and regulatory requirements are fulfilled.

Web analytics through Google Analytics
This website uses Google Analytics, a free web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Jurisdiction
Wisian and the User/ Client, if pertinent, expressly renounce any other jurisdiction that may apply and agree that any controversy that may arise from access to or use of this Website will be subject to the exclusive jurisdiction of the Courts and Tribunals of Ireland, without prejudice to the rules of private international law. The User declares that he has read, been made aware of, and entirely accepted the present Conditions for Use of the Website, which are in force at the time he or she is accessing and browsing through this Website.

ADDITIONAL INFORMATION FOR QUALIFIED INVESTORS IN SWITZERLAND

Shares of the Wisian Capital South African Equity Fund (the “Fund”) can be offered in Switzerland exclusively to Qualified Investors as defined by Article 10 § 3 of the Collective Investment Scheme Act (“CISA”) and Article 6 of the Collective Investment Scheme Ordinance (“CISO”) (Qualified Investors). The Fund has not been and will not be registered with the Swiss Financial Market Supervisory Authority (“FINMA”). This Supplement and/or any other offering materials relating to the Fund may be made available in Switzerland solely to Qualified Investors.

Representative in Switzerland:

The representative in Switzerland is OpenFunds Investment Services AG 1 Seefeldstrasse 35, CH-8008 Zurich, Switzerland, Tel.: +41 44 500 3108, Fax: +41 44 500 3106.

Paying Agent in Switzerland:

The paying agent in Switzerland is Società Bancaria Ticinese SA, Piazza Collegiata 3, 6501 Bellinzona, Switzerland.

Location where the relevant documents may be obtained

The statutory documents of the Fund such as the Prospectus, the key investor information documents, the memorandum and articles of association of the Company, the annual and semi-annual reports and/or any other legal documents as defined in Article 15 CISA in conjunction with Article 13a CISO may be obtained free of charge from the Representative. The place of performance and jurisdiction for Interests of the Fund offered or distributed in or from Switzerland are the registered office of the Representative.

Payment of retrocessions and rebates

Financial intermediaries may pay retrocessions as remuneration for distribution activity in respect of Shares in or from Switzerland to the distributors and sales partners listed below:

  • Distributors subject to authorization as defined in Article 19§ 1bis of the CISA (Swiss or foreign distributors regulated in their home jurisdiction);
  • Distributors that are not required to obtain an authorization as defined under Article 19§ 1bis of the CISA and Article 8 of CISO (financial intermediaries regulated by FINMA, banks, insurances, fund managers, representatives); and
  • Sales partners who place shares in funds/sub-funds with their customers exclusively through a written commission-based asset management mandate (Independent Asset Managers) i.e. the customer has to be transparently informed that the sales partner is receiving retrocessions.

This remuneration may be deemed payment for the following services in particular:

  • the introduction of potential qualified investors; or
  • the organization of road shows.

Retrocessions are not deemed to be rebates even if they are ultimately passed on, in full or in part, to the investors.  The recipients of the retrocessions must ensure transparent disclosure and inform investors, unsolicited and free of charge, about the amount of remuneration they may receive for distribution.  On request, the recipients of retrocessions must disclose the amounts they actually receive for distributing the collective investment schemes of the investors concerned.

Rebates are permitted provided that:

  • financial intermediaries pay them from the fees due to them (so that they are not charged to the Fund);
  • they are granted on the basis of objective criteria (see below);
  • all Shareholders (irrespective of whether they are qualified investors or not), who qualify on the basis of these objective criteria and demand rebates are also granted these within the same timeframe and to the same extent; and
  • they are disclosed transparently in the fund documents (see below).

The objective criteria for the granting of rebates by the Financial Intermediaries are as follows:

  • the size of a Shareholder’s holding;
  • the seed money investors;
  • the long-term relationship;
  • the overall relationship; and
  • the capacity of the Fund.

At the request of a Shareholder, the aforementioned financial intermediaries must disclose free of charge the objective criteria for granting rebates, and the corresponding amounts. The names of the persons who already receive rebates need not be disclosed (business confidentiality).

Mentioning of other funds in the Offering Memorandum

OpenFunds Investment Services AG acts as Representative only to Wisian Capital South African Equity Fund. In case there is any reference made in the Offering Memorandum to any other fund, that fund is not legally represented in Switzerland by OpenFunds Investment Services AG

Place of performance and Place of jurisdiction

In respect of the Shares distributed in Switzerland, the place of performance and jurisdiction is the registered office of the Representative.