Aberdeen Global Funds - Fundsupermart.com
Aberdeen Global Funds - Fundsupermart.com
Aberdeen Global Funds - Fundsupermart.com
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TERMS AND CONDITIONS <br />
1. Definitions<br />
<br />
In these terms and conditions, the following terms shall have the following meanings:<br />
<br />
"<strong>Funds</strong>" means any funds for which <strong>Aberdeen</strong> International Fund Managers Limited acts or may<br />
from time to time act, as distributor and/or Hong Kong representative.<br />
/<br />
<br />
"<strong>Aberdeen</strong> Nominees" means <strong>Aberdeen</strong> Nominees Services Limited.<br />
<strong>Aberdeen</strong> Nominees<strong>Aberdeen</strong> Nominees Services Limited<br />
"Investor" means the person or persons who have already or in the future subscribe to shares in the<br />
<strong>Funds</strong>.<br />
<br />
"Instructions" means instructions given in writing by the Investor.<br />
<br />
"Securities" means any shares in the <strong>Funds</strong> registered in the name of <strong>Aberdeen</strong> Nominees Services<br />
Limited.<br />
<strong>Aberdeen</strong> Nominees Services Limited<br />
"Services" means the nominee services provided by <strong>Aberdeen</strong> Nominees as set out in clause 2.<br />
2<strong>Aberdeen</strong> Nominees<br />
2. <strong>Aberdeen</strong> Nominees shall perform all or any of the following Services but reserves the right to<br />
refuse to do so if, in its reasonable opinion, there are grounds for such refusal:-<br />
<strong>Aberdeen</strong> Nominees<br />
<strong>Aberdeen</strong> Nominees<br />
(a) to purchase or subscribe for any Securities in respect of any of the <strong>Funds</strong> in accordance with<br />
Instructions and following receipt of the funds required for the purpose;<br />
<br />
(b) to hold or arrange for the Securities to be held in safe custody;<br />
<br />
(c) to request payment of and receive, on behalf of the Investor, all interest, dividends, bonuses<br />
and other payments and distributions in respect of the Securities;<br />
<br />
(d) to take up such rights or interests in respect of the Securities and/or to renounce, sell, assign,<br />
transfer or otherwise dispose of such rights or interests on Instructions or as <strong>Aberdeen</strong><br />
Nominees may in its discretion think fit in the absence of Instructions;<br />
<strong>Aberdeen</strong> Nominees<br />
/<br />
(e) to redeem Securities on receipt of Instructions and surrender the Securities against receipt of<br />
moneys payable on redemption;<br />
<br />
(f) to remit any moneys collected or received in connection with the Securities to the bank<br />
account or in accordance with such other instructions which were provided by the Investor at<br />
the time of subscription;<br />
<br />
<br />
(g) to enter into any agreement or instrument in connection with any Security on Instructions; and<br />
<br />
(h) to provide such other services as <strong>Aberdeen</strong> Nominees may from time to time agree.<br />
<strong>Aberdeen</strong> Nominees<br />
3. <strong>Aberdeen</strong> Nominees will maintain records which identify the Securities as belonging to the Investor<br />
and which segregate the Securities held by <strong>Aberdeen</strong> Nominees for its own account and for other<br />
customers.<br />
<strong>Aberdeen</strong> Nominees<strong>Aberdeen</strong> Nominees<br />
<br />
4. <strong>Aberdeen</strong> Nominees is authorised to take such steps as it may consider expedient to enable it to<br />
provide the Services and to exercise its powers hereunder, including the right:-<br />
<strong>Aberdeen</strong> Nominees<br />
<br />
(a) to <strong>com</strong>ply with any applicable law, regulation, order, directive, notice or request of any<br />
<strong>com</strong>petent court or government agency (whether or not having the force of law) requiring<br />
<strong>Aberdeen</strong> Nominees to take or refrain from action including the right to disclose information<br />
about the Investor or any Securities;<br />
<br />
<strong>Aberdeen</strong> Nominees<br />
<br />
(b) to withhold and/or make payment of any taxes or duties payable on or in respect of the<br />
Securities without any liability thereof;<br />
/<br />
<br />
(c) in the absence of or a delay in receiving Instructions, to act or refrain from acting as it may<br />
deem expedient;<br />
<br />
(d) subject to clause 3 above, to co-mingle the Securities with Securities of other customers;<br />
3<br />
(e) to prescribe such reasonable period of notice (which shall not be substantially less than any<br />
notice period required by the relevant laws, regulations or codes and guidelines to which the<br />
<strong>Funds</strong> are subject) as <strong>Aberdeen</strong> Nominees may from time to time specify which the Investor<br />
must give to <strong>Aberdeen</strong> Nominees before <strong>Aberdeen</strong> Nominees will act on any Instruction.<br />
<strong>Aberdeen</strong> Nominees <strong>Aberdeen</strong> Nominees <br />
<strong>Aberdeen</strong> Nominees<br />
<br />
5. <strong>Aberdeen</strong> Nominees will provide the Investor with (a) any correspondence concerning Investor's<br />
Securities and (b) notices of all general meetings of the <strong>Funds</strong>. <strong>Aberdeen</strong> Nominees will vote on any<br />
resolutions proposed in such notices in accordance with Instructions. In the absence of Instructions,<br />
<strong>Aberdeen</strong> Nominees shall not participate in or take affirmative action concerning proxies received,<br />
attendance at meeting and voting of any rights.<br />
<strong>Aberdeen</strong> Nominees(a) (b) <br />
<strong>Aberdeen</strong> Nominees<br />
<strong>Aberdeen</strong> Nominees<br />
<br />
6. In performing the Services, <strong>Aberdeen</strong> Nominees will exercise the same degree of care as it exercises<br />
in respect of its own property but the provision of the Services does not constitute <strong>Aberdeen</strong><br />
Nominees a trustee and <strong>Aberdeen</strong> Nominees shall have no trust or other obligations in respect of the<br />
Securities except those contained herein.<br />
<strong>Aberdeen</strong> Nominees<br />
<strong>Aberdeen</strong> Nominees<strong>Aberdeen</strong> Nominees<br />
<br />
7. <strong>Aberdeen</strong> International Fund Managers Limited may, at its own expense and with the prior written<br />
consent of <strong>Aberdeen</strong> Nominees, appoint any person to perform any of the Services on behalf of<br />
<strong>Aberdeen</strong> Nominees and any of the powers mentioned in clause 4 above may also be delegated to<br />
such person but, in such case, <strong>Aberdeen</strong> International Fund Managers Limited shall remain liable<br />
for the negligence or wilful default of any such appointee as if no such appointment had been made.<br />
<strong>Aberdeen</strong> International Fund Managers Limited and <strong>Aberdeen</strong> Nominees are authorised to disclose<br />
to any appointee any information they have concerning the Investor or the Securities, but only to the<br />
extent that such disclosure is necessary for the performance of the duties for which the appointee<br />
has been appointed and such disclosure <strong>com</strong>plies with the applicable laws and regulations on data<br />
privacy.<br />
<strong>Aberdeen</strong> Nominees<br />
<strong>Aberdeen</strong> Nominees4<br />
<br />
<strong>Aberdeen</strong><br />
Nominees<br />
<br />
<br />
8. <strong>Aberdeen</strong> Nominees shall not be liable for any losses of any kind which may be incurred by the<br />
Investor as a result of the proper provision of the Services unless due to the negligence, bad faith<br />
or wilful default of <strong>Aberdeen</strong> Nominees, any of the appointees mentioned in clause 7 above or their<br />
respective agents, officers or employees.<br />
<strong>Aberdeen</strong> Nominees<br />
<strong>Aberdeen</strong> Nominees7<br />
<br />
9. The Investor shall indemnify <strong>Aberdeen</strong> Nominees, any of the appointees mentioned in clause 7<br />
above and their respective agents, officers and employees in each case against all claims, liabilities,<br />
damages, costs and expenses of any kind which may be incurred by any of them and all actions or<br />
proceedings which may be brought by or against any of them in connection with the provision of the<br />
Services hereunder unless due to the wilful default, bad faith or negligence of <strong>Aberdeen</strong> Nominees,<br />
any of the appointees or their respective agents, officers or employees. This indemnity shall continue<br />
notwithstanding the termination of the Services.<br />
<strong>Aberdeen</strong> Nominees7<br />
<br />
<br />
<strong>Aberdeen</strong> Nominees<br />
7<br />
<strong>Aberdeen</strong> Nominees7<br />
<br />
<br />
10. <strong>Aberdeen</strong> International Fund Managers Limited and <strong>Aberdeen</strong> Nominees may at its discretion act<br />
on Instructions reasonably believed by any of them to have emanated from the Investor in which<br />
case if they act in good faith on such Instructions, such Instructions shall be binding on the Investor<br />
whether or not the Instructions were actually given by the Investor.<br />
<strong>Aberdeen</strong> Nominees <br />
<strong>Aberdeen</strong> Nominees<br />
<br />
11. If <strong>Aberdeen</strong> Nominees and/or any of the appointees mentioned in clause 7 above are unable at<br />
any time or from time to time to provide or continue to provide any of the Services as a result of<br />
circumstances beyond their control, <strong>Aberdeen</strong> Nominees and/or any of the appointees shall be<br />
entitled to suspend or withdraw the affected Services immediately. <strong>Aberdeen</strong> Nominees shall notify<br />
the Investor promptly of such suspension, withdrawal and any resumption of the Service.<br />
<strong>Aberdeen</strong> Nominees /7<br />
<strong>Aberdeen</strong> Nominees /7<br />
<strong>Aberdeen</strong> Nominees <br />
<br />
12. <strong>Aberdeen</strong> Nominees may terminate its Services by giving not less than 30 days notice to the<br />
Investor or in case of a breach by the Investor of these terms and conditions immediately on notice.<br />
On termination in such circumstances, the Securities shall be transferred either (a) to the account<br />
of another nominee <strong>com</strong>pany to be appointed by <strong>Aberdeen</strong> International Fund Managers Limited<br />
or (b) in the absence of such appointment, into the relevant Investor's own name. Accordingly, the<br />
Investor hereby consents and agrees to such transfer.<br />
<strong>Aberdeen</strong> Nominees30<br />
(a) <br />
(b) <br />
<br />
13. The withdrawal or termination of the Services shall be without prejudice to the right of <strong>Aberdeen</strong><br />
Nominees to settle any transaction entered into or to settle any liability incurred by the Investor or<br />
<strong>Aberdeen</strong> Nominees on behalf of the Investor or to cancel any unexecuted transactions.<br />
<strong>Aberdeen</strong> Nominees<strong>Aberdeen</strong> Nominees<br />
<strong>Aberdeen</strong> Nominees<br />
<br />
14. These terms and conditions shall apply to the successors in title of <strong>Aberdeen</strong> Nominees including the<br />
person to which the whole or any part of the operations of <strong>Aberdeen</strong> Nominees shall be transferred<br />
or vested by operation of law or otherwise.<br />
<strong>Aberdeen</strong> Nominees <strong>Aberdeen</strong> Nominees <br />
<br />
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