Summary information on investors' rights
Regulation (EU) 2019/1156
The purpose of this document is to represent in summary form the main rights of the Shareholders of the following Mutual Funds (hereinafter, individually, the "SICAV"):
- 1st SICAV
- Emerald SICAV
- Kite Fund SICAV
- Multi Stars SICAV
- Pharus SICAV
- Safe Capital SICAV
- Timeo Neutral SICAV
- Trilogy SICAV
- Swan SICAV-SIF
- Bright Stars SICAV-SIF
- MH Fund SA SICAV-SIF
- Ritom SICAV-RAIF
- Nabucko SICAV-RAIF
- Fairhill S.A. SICAV-RAIF
- United SICAV-RAIF
in which the company Pharus Management Lux S.A., with registered office at 16 Avenue de la Gare, L-1610 Luxembourg operates as a management company (the "Management Company").
For further information in relation to the rights of shareholders, please refer to the SICAV's offer documentation, including the Prospectus (hereinafter the "Prospectus").
The rights represented here are specifically addressed to the Shareholders subject to solicitation on the European territory, to whom the marketing activity carried out by the Management Company is addressed.
Shareholders from other countries may exercise rights not specifically listed below, including, for example, the rights provided by local regulations to which reference is made.
In the event of dividend distribution, Shareholders may be entitled to pay a dividend, subject to the conditions applicable to the relevant share class and set out in the Prospectus.
Shareholders may, at any time, redeem their shares by sending an irrevocable request for reimbursement to the Transfer Agent, as set out in the Prospectus, or to other financial institutions authorized for this purpose.
Unless otherwise indicated in the Prospectus of the SICAV, each Shareholder has the right to request the total or partial conversion of his shares into shares of another sub-fund or class of shares of the same sub-fund.
Shareholders have the right to meet at a shareholders' meeting upon convocation of the board of directors of the SICAV, upon notice of convocation containing the date, time, place and agenda of the meeting.
Shareholders representing at least one tenth of the share capital also have the right to request in writing the Board of Directors of the SICAV to convene a shareholders' meeting indicating the relevant agenda in the request, in which case the Board of Directors will be required to convene the meeting within one month of the request.
Shareholders may fully exercise their rights vis-à-vis the SICAV, in particular the right to participate in shareholders' meetings, only if they are registered directly in their own name in the register of shareholders. Where a Shareholder holds shares through an intermediary who invests in the SICAV in his or her name and on behalf of the Shareholder, it may not be possible for that Shareholder to exercise certain rights directly, it being understood that he or she will have the possibility to give voting instructions to the intermediary entitled to participate in the meeting on his or her behalf. To this end, Shareholders are invited to contact the persons in charge of the placement of the SICAV to receive information and clarifications on how to exercise their right to participate and vote.
Each Shareholder, for each share held and regardless of the Net Asset Value per share, is entitled to the exercise of one vote, without prejudice to any limitations or contraindications provided for in the Articles of Association and in the Prospectus of the SICAV. Shareholders holding fractions of Shares will not have any voting rights.
The legal documents, including articles of association and articles of association, prospectus and key investor information (KIID), together with the half-yearly financial statements and the certified annual financial statements, as well as the Net Asset Value for Shares of each class of Shares are made available, for consultation, at the registered office of the SICAV in Luxembourg and on the website: www.pharusmanagement.com. The aforementioned documents are also available from the persons in charge of the placement of the SICAV.
The Remuneration Policy of the Management Company, the Complaint Management Procedure, the Best Execution Procedure, the Conflicts of Interest Management Policy, as well as the Sustainability Policy of the Management Company will be available, for consultation, on the Management Company's website at the following address: www.pharusmanagement.com.
In accordance with the Complaints Management Policy available on the aforementioned website, the Shareholder has the right to lodge a complaint with the Management Company free of charge. The Management Company will respond in writing to the Shareholder in the terms represented in the aforementioned Policy.
Shareholders who do not receive any response to the complaint within the set deadline or are not satisfied with the outcome of the complaint, have the right to appeal to an Alternative Dispute Resolution Body (ADR). Please consult https://ec.europa.eu/consumers/odr to identify the relevant ADR entity.
Depending on the countries in which the Fund is authorized, certain collective redress mechanisms are applicable. To this end, Shareholders are invited to seek advice in this regard from their legal advisor.
Specifically, Directive (EU) 2020/1828 lays down rules to ensure that a representative mechanism for the protection of the collective interests of consumers is available in all Member States, which must be transposed into local legislation by 25 June 2023.
Shareholders have specific rights in relation to the processing of their personal data shared as part of their investment in the SICAV, such as, but not limited to, the right to (i) correct their personal data if they are inaccurate or incomplete; (ii) object to the processing of your personal data; (iii) request the deletion of personal data; (iv) request the portability of your personal data.
For more details on the rights of Shareholders in relation to the processing of their personal data, please refer to the Prospectus and the Subscription Form of the SICAV and the Privacy Procedure available at: www.pharusmanagement.com.
The purchase of the shares of the SICAV can also take place through remote placement techniques (Internet), in compliance with the laws and regulations in force. To this end, the persons in charge of the placement may activate "online" services that, after identifying the investor and issuing a password or identification code, allow him to issue purchase requests via the Internet in conditions of full awareness. The description of the specific procedures to be followed is reported on the operational sites of the placing agents, according to the relevant jurisdictions.
The use of the Internet does not affect the execution time of investment transactions for the purpose of valuing the shares issued. In any case, purchase requests submitted on a non-working day are considered received on the first following working day.
In the case of an investment made via the Internet, the person in charge of payments may send the investor confirmation of the transaction in electronic form as an alternative to the written one, keeping evidence.
The use of the placement via the Internet does not entail changes in charges.
Subsequent investments and switching operations between shares and sub-funds of the SICAV can also be made through the use of remote communication techniques (Internet and / or telephone bank).