Pursuant to the terms of the Trust Deed, the Trustee may determine to create and issue Units of different classes with the rights, obligations and restrictions specified in their terms of issue. Each Unit gives Unitholders an equal and undivided interest in all of the Trust’s assets. However, subject to certain exceptions a Unit does not give an interest in any particular asset of the Trust and does not entitle Unitholders to have any asset of the Trust transferred to them. Subject to the Trust Deed, Unitholders have the right to share in any distributions, the right to attend and vote at meetings of Unitholders and the right to participate in the proceeds of winding up of the Trust.
The Trust Deed should be read by prospective investors. The following is a list of some of the key provisions:
The Trust Deed shall not be amended unless the Trustee reasonably considers that the amendment will not adversely affect the rights of Unitholders.
If the Trustee reasonably considers that the amendment will adversely affect the rights of Unitholders, the Trustee will call a meeting of Unitholders who may, by special resolution, approve the amendment.
The Trust Deed also contains provisions regulating the holding of meetings of Unitholders.
By signing the Application Form, you will be bound by the Trust Deed. We recommend you review the terms of the Trust Deed and seek independent professional advice to understand the implications for you as a Unitholder.
A copy of the Trust Deed is available upon request.
The Management Agreement (Management Agreement) is the primary document that appoints the Investment Manager as the exclusive investment manager of the Fund. It outlines the powers of the Manager in managing the portfolio and its obligations to the Fund and Trustee.
In terms of portfolio management, the Management Agreement outlines the investment guidelines and strategy and the structure of the Investment Committee. The Management Agreement also outlines the basis for valuing the portfolio and the permitted investments and also the reporting requirements to the Trustee.
The Manager's appointment, including the fees payable and timing of payment to the Manager are also covered by the Management Agreement.
The Management Agreement otherwise contains terms and conditions that are considered standard for an agreement of its nature.
The Licensee is the holder of AFSL No. 455657 under Part 7 of the Corporations Act.
The Investment Manager is appointed as a Corporate Authorised Representative of the Licensee under its AFSL to provide authorized services in relation to their role as Manager respectively for the Fund on the terms and conditions set out in an Authorised Representative Agreement. The authorized services include those financial services which the Licensee is authorized to provide pursuant to its AFSL.