FUNDS APP 3 FUNDS APP 3 APPROVALS AND NOTIFICATIONS
FUNDS A3.1 FUNDS A3.1 Regulator Notification
FUNDS A3.1.1(1) The Fund Manager of a Public Fund must give prompt notice to the Regulator of any material alteration to the Fund's Constitution or Prospectus.
FUNDS A3.2 FUNDS A3.2 Alterations to a Fund
FUNDS A3.2.1 FUNDS A3.2.1(1) The Fund Manager of a Public Fund must, by way of a Special Resolution, obtain prior approval from the Unitholders for any proposed change to the Public Fund which is a fundamental change.(2) In addition to the specific fundamental changes in relation to a Fund prescribed under Rules 12.3.13 (affected person transactions) 12.13.3 (no new category or increase of remuneration) and 18.1.3 (transfer schemes relating to domestic schemes), a "fundamental change" under (1) is a change or event which:(a) changes the purpose or nature of the Fund;(b) may materially prejudice Unitholders;(c) alters the risk profile of the Fund; or(d) introduces any new type of payment out of Fund Property.(3) Notwithstanding (2) above, any change may be fundamental depending on its degree of materiality and effect on the Fund and its Unitholders. Consequently, the Fund Manager must determine whether in each case a particular change is fundamental in nature and, if the Fund is an Investment Trust, obtain the Trustee's agreement to the outcome of the determination.
For the purpose of this Chapter, a fundamental change to a Fund is likely to include:a. any proposal for a scheme of arrangement;b. a change in the investment policy to achieve capital growth from investment in one country rather than another;c. a change in the investment objective or policy to achieve capital growth through investment in fixed interest rather than in equity investments;d. a change in the investment policy to allow the Fund to invest in derivatives as an investment strategy which increases its volatility;e. a change to the characteristics of a Fund to distribute income annually rather than monthly;f. the introduction of limited redemption arrangements; org. a change of the custodian, trustee or other oversight arrangement.
FUNDS A3.2.2 FUNDS A3.2.2(1) The Fund Manager of a Public Fund must give prior written notice to Unitholders in respect of any proposed change to the operation of a Fund where the change constitutes a significant change.(2) A "significant change" in (a) is a change or event which is not a fundamental change under Rule A3.2.2 but:(a) affects a Unitholder's ability to exercise his rights in relation to his investment;(b) would reasonably be expected to cause the Unitholder to reconsider his participation in the Fund;(c) results in any increased payments out of the Fund Property to the Fund Manager, the Trustee or any other director or an associate of either; or(d) materially increases other types of payment out of Fund Property.(3) Changes may be significant depending in each case on their degree of materiality and effect on the Fund and its Unitholders. Consequently the Fund Manager will need to determine whether in each case a particular change is significant in nature or not and if the Fund is an Investment Trust obtain the Trustee's agreement of the outcome of the determination.(4) The notice period required for a pre-event notification to the Unitholder should be of a reasonable length, which is expected to be at least 30 days.
For the purpose of this Chapter, a significant change is likely to include:1. a change in the method of price publication;2. a change in any operational policy such as dilution policy or allocation of payments policy; or3. an increase in the preliminary charge where Units are purchased through a group savings plan.
FUNDS A3.2.3 FUNDS A3.2.3(1) A Fund Manager must inform Unitholders in an appropriate manner and timescale of any notifiable changes that are reasonably likely to affect, or to have affected, the operation of the Fund.(2) A notifiable change in (1) is a change or event, other than a fundamental change or a significant change specified in this Appendix, which a Unitholder must be made aware of unless the Fund Manager concludes that the change is insignificant.
Guidance1. The circumstances causing a notifiable change may or may not be within the control of the Fund Manager.2. For the purpose of this Chapter, a notifiable change might include:a. a change of a named investment manager where the Fund has been marketed on the basis of that investment manager's involvement;b. a significant political event which impacts on the Fund or its operation;c. a change to the time of the valuation point;d. the introduction of limited issue arrangements; ore. a change in the name of the Fund.3. The appropriate manner and timescale of notification in this Chapter would depend on the nature of the change or event. Consequently, the Fund Manager will need to assess each change or event individually.4. An appropriate manner of notification could include:a. sending an immediate notification to the Unitholder;b. publishing the information on a website; orc. the information being included in the next periodical report of the Fund.