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Policies - Unit Trust Terms & Conditions
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Provision of Investment Services for Unit Trusts

1. finatiQ, a division of Bank of Singapore Limited ("finatiQ" or "finatiq.com"), may at its sole and absolute discretion, provide investment services to the Customer desirous of holding, subscribing, switching, transferring or redeeming of Units in any Funds. finatiQ may from time to time agree with the Customer to act on the instructions of the Customer for holding, subscription, switching, transfer or redemption of Units, the processing of such transactions and the provision of investment services for Funds subject to these terms and conditions. These terms and conditions are in addition to any other terms and conditions which may be imposed by finatiQ on the Customer in relation to transactions on finatiQ's website, including the Investment Account Terms and Conditions and the Access Terms and Conditions.

2. Any application for the holding, subscription, switching, transfer or redemption of Units may be made by completing a relevant application on finatiQ or in such other manner as finatiQ may make available to the Customer for holding, subscription, switching, transfer or redemption of Units.

3. finatiQ will make available on its website, www.finatiq.com, to the Customer the most recently published editions of Prospectuses issued by or relating to one or more Funds. A Prospectus relating to the relevant Fund will be made available with each application and each application shall be made pursuant to the Prospectus.

Instructions for Holding, Subscription, Switching, Transfer or Redemption of Units

4. finatiQ will place orders or send requests for holding, subscription, switching, transfer or redemption of Units for the Customer upon receipt of duly completed relevant application and payment from the Customer of cleared funds in relation to holdings, subscriptions, switchings, transfers or redemptions of Units by Customers

5. Applications for holdings, subscriptions, switchings, transfers or redemptions of Units by Customers may be aggregated and consolidated either daily or from time to time by finatiQ and such orders or requests will be placed or sent by finatiQ to the relevant Manager or Fund.

6. Subscription or redemption orders or switching or transfer instructions specified in any application received from the Customer by finatiQ on any Dealing Day before the cut-off time specified or determined by finatiQ in its discretion, shall be consolidated with other applications (if any) and finatiQ will use all reasonable endeavours to place an aggregated and consolidated order or request to the relevant Manager or Fund for the same Dealing Day. Applications received after the specified cut-off time shall be deemed to be an application received by finatiQ on the next Dealing Day and finatiQ shall be entitled to place or carry out such application on the next Dealing Day and such transaction shall be binding on the Customer.

7. When finatiQ has placed a consolidated order for the subscription of Units or for switching of Units with the relevant Manager or Fund, the Manager or Fund will issue the relevant Units to and register the Units in the name of the Custodian as custodian. The Units so issued will be allotted or allocated among the relevant applicants in any order or manner as finatiQ determines.

8. Payment of the subscription monies and/or all monies acquired for holdings, subscriptions, switchings, transfers or redemptions, and/or any fees, costs or any other expenses which the Customer is liable to pay under these terms and conditions, shall be made in available and freely transferable cleared funds.

9. Payment for any transaction for Units will be made by way of direct debit of the Customer's Investment Account designated by the Customer with finatiQ and the Customer undertakes to have at all times sufficient deposits in such Investment Account in relation to any such transaction. Should there be insufficient funds available in the relevant Investment Account of the Customer for making such payment or debit, finatiQ shall be entitled to reject or refuse to carry out the Customer's instructions. finatiQ may sell the Units held beneficially by the Customer and kept with the Custodian and set off funds from any Investment Accounts maintained by the Customer with finatiQ in settlement of such payments or debits owing to finatiQ.

10. Where the Customer agrees to make payment for Units by way of direct debit of the Customer's Investment Account designated by the Customer with a relevant bank through MEPS, the Customer undertakes to maintain or make arrangement with such bank to have at all times sufficient funds for making such payments or debits. Should there be insufficient funds in the relevant Investment Account of the Customer for making such payments or debits, finatiQ shall be entitled to reject or refuse to carry out the Customer's instructions. finatiQ may sell the Units held beneficially by the Customer and kept with the Custodian and set off funds from any Investment Accounts maintained by the Customer with finatiQ in settlement of such payments or debits owing to finatiQ.

11. Redemption proceeds received by finatiQ will be paid or credited to the Customer's relevant Investment Account unless the redemption is a CPF investment or SRS investment. For a CPF redemption, the proceeds will be credited to your CPF Account. For a SRS redemption, the proceeds will be credited to your SRS account ("SRS Account") with your SRS operator bank. The redemption proceeds will be net of any fees, charges or expenses incurred in connection with the redemption.

12. finatiQ will send to the Customer a confirmation note from finatiQ no later than five business days after receiving an instruction by the Customer, confirming the holding, subscription, switching, transfer or redemption of Units issued to or switched by or to, or transferred by or to or redeemed by the Customer. finatiQ will also send a monthly statement of account indicating the number of Units issued by the Manager or Fund and kept with the Custodian as nominee for finatiQ holding the same as nominee for the Customer. Any statement provided by finatiQ regarding the Customer's holding of CPF Units is for information purposes only and based on details of holdings received from the relevant Managers and is not conclusive or reflective of the actual holdings of the Customer. The Customer should check with his CPF agent bank or the CPF Board (as the case may be) for his actual holding of CPF Units. Any statement provided by finatiQ regarding the Customer's holding of SRS Units is for information purposes only and based on details of holdings received from the relevant Managers and is not conclusive or reflective of the actual holdings of the Customer. The Customer should check with his SRS operator bank for his actual holding of SRS Units.

13. Dividends declared by any Manager or Fund will not be withdrawn by the Custodian and shall automatically be reinvested in the Fund by finatiQ subscribing for additional Units on behalf of the Customer without the necessity of any further or fresh authorisation from the Customer and finatiQ will hold the same for the account of the Customer as nominee for the Customer.

14. Where the Customer instructs or requires a switching of Units, finatiQ will subscribe for Units required by the Customer only after the confirmation and completion of the redemption of the relevant existing Units which are being switched.

15. The Customer acknowledges that any Manager or Fund which receives the subscription or redemption order from finatiQ is not obliged to accept the order in part or whole. finatiQ shall not be liable or responsible for any action or rejection on the part of any Manager or Fund in respect of any subscription or redemption order. finatiQ or its Custodian shall have no responsibility or liability for ensuring that the relevant Manager or Fund allots the Units or for any losses including any loss of investment opportunity which the Customer may suffer or incur as a result of any refusal to accept or delay in accepting such subscription or redemption order by the Manager or the Fund.

16. Any subscription or redemption order or switching or transfer instructions given by a Customer in respect of Units to be transacted with the Customer's CPF Funds shall be communicated by finatiQ to the relevant Manager and the resulting transaction shall be effected directly between the relevant Manager and the Customer and finatiQ shall have no responsibility or liability in connection with any such transaction. Any subscription or redemption order or switching or transfer instructions given by a Customer in respect of Units to be transacted with the Customer's SRS Funds shall be communicated by finatiQ to the relevant Manager and the resulting transaction shall be effected directly between the relevant Manager and the Customer and finatiQ shall have no responsibility or liability in connection with any such transaction. Nothing contained in these Unit Trust Terms and Conditions shall prejudice the relevant Manager's rights, if any, to recover from the Customer any charges or costs incurred at any time or from time to time by the relevant Manager in relation to any subscription or redemption order or switching or transfer instruction given by a Customer in respect of Units to be transacted with the Customer's CPF Funds or SRS Funds (as the case may be).

17. finatiQ may appoint agents or sub-agents for such purposes or functions as finatiQ may think fit.

Regular Savings Plan

18. The Customer may apply to participate in a Regular Savings Plan ("RSP") by submitting a duly completed RSP Application Form provided at the website www.finatiq.com by finatiQ Provided That such Customers (i) have/intend to subscribe to at least one Fund and (ii) satisfies the minimum initial investment amount prescribed by the Manager of the relevant Fund(s).

19. Pursuant to the RSP the Customer shall make payments of a minimum sum (as determined by finatiQ from time to time) on such basis as indicated by the Customer on the RSP Application Form or RSP Amendment Form (as the case may be).

20. Payment for subscription of Units of the Fund(s) under the RSP will be debited from the Customer's Investment Account, CPF Account or SRS Account (as the case may be) ("Scheduled Investment") as authorised in the RSP Application Form on a specific day as instructed by the Customer at the time of application ("Debit Day"). Where the Debit Day for a Scheduled Investment does not exist for that calendar month (for e.g., the specified Debit Day is the 31st day of the month of February) the Debit Day will be defaulted to the last day of that month. Where the Debit Day is a public holiday, the Investment Account, CPF Account or SRS Account (as the case may be) will be debited on the next business day provided that it is a Dealing Day.

21. The period fixed for the RSP shall not be less than six Scheduled Investments or any other period as indicated by the Customer at the time of application and such period shall be terminable by submitting a duly completed RSP Application Form or RSP Cancellation Form Provided That such form must reach finatiQ no later than seven business days before the next Scheduled Investment failing which the RSP shall terminate within such reasonable time after that Scheduled Investment.

22. finatiQ reserves the right to terminate the Customer's RSP(s) upon providing 30 days prior notice to that Customer.

23. Customers intending to renew the period fixed for the RSP(s) in respect of the Fund(s) shall submit a duly completed RSP Amendment Form no later than seven business days before the date of termination of such RSP(s) failing which that RSP(s) shall expire on the date of termination for that Fund(s). Notification of such renewal will be sent to that Customer.

24. Units purchased under the RSP will be purchased at the prevailing offer price of the Fund, less any preferential sales charge applicable, on the relevant Debit Day.

25. The first Scheduled Investment under the RSP will be effected on the Debit Day in respect of that Fund(s) Provided That finatiQ receives and approves the Customer's RSP Application Form at least seven business days before that Debit Day of the Fund(s) failing which the first Scheduled Investment shall be the next Debit Day.

26. For purchase of Units with cash, in the event that the debit from the Customer's Investment Account for the RSP is unsuccessful, that Customer shall be notified by finatiQ following which, a second attempt to debit from the Customer's Investment Account will be made Provided That that RSP has not expired. In the event that the debit in the second attempt is unsuccessful, no investment shall be made for that debit. The debiting process described in this Clause 26 shall be considered one "investment cycle". In the event of two successive unsuccessful investment cycles of the Fund, the RSP in respect of that Fund shall be terminated. Notification of such termination will be sent to the Customer by finatiQ. Please note that reparticipation in respect of the terminated RSP must be made by submitting a new duly completed RSP Application Form in accordance with the terms as set out herein.

27. For purchase of Units with CPF monies, in the event that the Scheduled Investment for the RSP is unsuccessful, no investment shall be made for that Scheduled Investment. Notification of such failure will be sent to the Customer by the CPF Board or CPF agent bank (as the case may be). In the event of two successive unsuccessful Scheduled Investments, the RSP in respect of that Fund shall be terminated following which notification of such termination will be sent to the Customer by finatiQ.

28. For purchase of Units with SRS monies, in the event that the Scheduled Investment for the RSP is unsuccessful, no investment shall be made for that Scheduled Investment. Notification of such failure will be sent to the Customer by the Customer's SRS operator bank. In the event of two successive unsuccessful Scheduled Investments, the RSP in respect of that Fund shall be terminated following which notification of such termination will be sent to the Customer by finatiQ.

29. In the event that a Customer with RSP(s) in respect of more than one Fund has insufficient cash, CPF monies or SRS monies (as the case may be) for any Scheduled Investment, the cash, CPF monies or SRS monies of that Customer shall be invested in the Fund(s) under the respective RSP(s) in such order of priority as determined by finatiQ.

30. finatiQ reserves the right to levy any charges for (i) any unsuccessful Scheduled Investments described in Clauses 27, 28 and 29 herein and (ii) any amendment or cancellation to the RSP(s) pursuant to the instructions of the Customer contained in a RSP Amendment Form or RSP Cancellation Form (as the case may be).

31. finatiQ reserves the right to cancel or reverse any subscription order(s) of the Customer under the RSP(s) set out herein in the event that such order(s) is not accepted by the Manager of the relevant Fund(s).

32. finatiQ shall not be liable for any losses or damages suffered by the Customer by reason of or connected with the transactions under the RSP(s) made by the Customer or finatiQ under the RSP(s) transactions or anything done or omitted by finatiQ in relation thereto.

Indemnity

33. The Customer undertakes with finatiQ and agrees to indemnify and keep finatiQ indemnified from and against and in respect of all liabilities, losses, charges, expenses (including legal fees and costs on a fully indemnity basis) claims, demands, actions and proceedings whatsoever which may be taken against or incurred or sustained by finatiQ directly or indirectly from or by reason of or in relation to or arising from or in connection with the holding, subscription, switching, transfer or redemption of Units or the custody of Units or any orders, requests, instructions or transactions made or purported to be made by the Customer or any use or purported use by the Customer of the services hereunder and the Customer shall pay and reimburse the same on demand at any time or from time to time.

Risks

34. The Customer acknowledges that the Funds are subject to investment risks and market risks, including possible loss of the principal amount invested. The Customer represents and warrants that the Customer understands and is fully aware of the risks involved in investing in Units and in the Funds and that the Customer will obtain from either finatiQ or the relevant Manager or Fund up-to-date versions of the Prospectuses or any materials supplied by the relevant Manager or Fund that might exist on the date of the transaction and the date of the instructions given by the Customer to finatiQ. The Customer acknowledges and agrees that finatiQ shall have no liability or responsibility whatsoever to the Customer for any error, misstatement or omission in any Prospectus or reports or any other materials prepared by or issued by any Manager or Fund.

35. finatiQ accepts no responsibility and liability to the Customer for giving any recommendation to the Customer as to whether to invest or not to invest in any Fund or in connection with the performance of the Fund. The Customer acknowledges the desirability of seeking independent financial or professional advice with respect to any dealing in Units or Funds or investments or investment opportunities. The Customer acknowledges that any dealings in the Funds or Units is solely and exclusively by the Customer based on the Customer's own judgement and after the Customer's own independent appraisal and investigation into the risks associated with such dealings or otherwise.

Fees and Charges

36. The Customer acknowledges that Managers and Funds would pay monies (by way of commissions, discounts, fees or otherwise) to finatiQ in connection with or in relation to the issue of Units to or for the Customer or other dealings in respect of or relating to any Fund. The Customer agrees that finatiQ may retain for the benefit of finatiQ and without any obligation to account to the Customer any commission, discount, fees or otherwise which finatiQ may receive from any Manager or any Fund or other persons in connection with or in relation to the holding, subscription, switching, transfer or redemption of Units or other transactions done or carried out by the Customer with or through finatiQ or any other dealings in respect to the Funds and Units.

Disclosure

37. The Customer irrevocably consents to and permits the disclosure by finatiQ and officers and the employees of finatiQ to any Custodian, nominee or agent or sub-agent or related corporation of finatiQ, Relevant Person or any other person as finatiQ may think fit or appropriate or necessary concerning the Customer and the Customer's accounts with finatiQ and concerning the Customer and the Customer's particulars, accounts and investments, and the Customer's transaction with finatiQ and the subscriptions, switchings, transfers or redemptions of Units. finatiQ and its officers, employees, Custodian, nominees, agents and sub-agents of finatiQ are permitted to disclose to any depository, depository agent, depository system, clearing system, issuer, Fund, registrar, nominee or custodian, fund manager or Manager of assignees, purchasers, transferees, authority, regulatory body, government or statutory or public authority, the CPF board, and also to the tax authorities including the Inland Revenue Authority of Singapore and Inland Revenue, Malaysia and any other person in relation to Customer's accounts and transactions entered into and Units held beneficially or owned by the Customer with finatiQ as nominee and kept with the Custodian or any information about the Customer and any other information free from any limitation or constraint imposed by law or otherwise.

Joint Holdings

38. If any application including any Unit Trust Investments Applications, in respect of or relating to the holding, subscription, switching, transfer or redemption of Units ("Applications") is signed or made by more than one person, it shall be binding on all such persons jointly and severally and each such person shall be bound jointly and severally by the provisions of these terms and conditions. Where more than one person holds beneficially Units held in the name of the Custodian as nominee for finatiQ holding such Units as nominee for such persons, or where more than one person has signed or made the Application, finatiQ shall be entitled to act on any instructions made or signed by any one of such beneficial holders or owners or applicants or their survivor or survivors.

39. Units held by the Custodian as nominee for finatiQ holding the same as nominee for the Customer where there are more than one person or beneficial owner shall be beneficially owned by such Customer or persons jointly with right of survivorship. In the event of the death of any one or more of such joint beneficial holders or holders of Units, finatiQ and the Custodian shall be entitled to pay or deliver to the order of the survivor or survivors all monies or Units standing to the credit of or held or owned beneficially by the joint holders in their joint names to or to the order of survivor or survivors.

40. Any notice given to any one of the joint holders or joint beneficial owners of Units shall be sufficient notice to all joint holders. Any notice given by finatiQ to any one or more of such persons solely shall be deemed to be a notice given to all such persons.

Others

41. finatiQ shall not be liable for any loss or damage suffered by the Customer by reason of or due to any act, failure or omission or delay on the part of finatiQ or any Custodian or nominee or agent or sub-agent or officer or employee of finatiQ or any Fund, Manager or trustee or Fund custodian or registrar or depository or depository agent or clearing system or any other person to negotiate, carry out or execute the Customer's instructions or finatiQ's obligations under these terms and conditions or under or pursuant to any application made by the Customer to finatiQ relating to Units or by reason of or due to any act or improper or wrongful execution on the part of finatiQ or any Custodian or nominee or agent or sub-agent or officer or employee of finatiQ or any Manager or Fund or trustee or Fund custodian, registrar or depository or depository agent or clearing system or any other person with regard to or in connection with the initiation, or carrying out or execution of the Customer's instructions or any transaction or any subscription or switching or transfer or redemption of Units unless such damage or loss is caused by wilful default or gross negligence on the part of finatiQ. finatiQ and any Custodian shall not be liable to the Customer for any loss or damage caused by events beyond the control of finatiQ or the Custodian.

42. The issue prices and redemption (realisation) prices are determined by the Managers or Funds in accordance with the relevant trust deed or prescribed procedures on Dealing Day. Any price or value given by finatiQ in respect of any Unit is not final and binding is only indicative information provided to the Customer and finatiQ shall not be responsible or liable therefor.

43. None of the Units in Funds have been or will be registered under the United States Securities Act of 1933, as amended (the "Securities Act"), and the Units may not be offered, sold, transferred or delivered, directly or indirectly, in the United States of America or any of its territories or possessions or any area subject to its jurisdiction, including the Commonwealth of Puerto Rico ("United States"), or to any United States Person. None of the Funds have not been registered under the United States Investment Company Act of 1940, as amended (the "Investment Company Act").

The Customer hereby represents that he/she is not a United States Persons.

"United States Person" is defined as "a citizen or resident of the United States of America, its territories or possessions or any area subject to its jurisdiction, including any corporation, partnership or other entity created or organised under the laws of the United States or any political subdivision thereof, or any estate other than an estate the income of which from sources outside of the United States (which is not effectively connected with a trade or business within the United States) is not includable in gross income for United States federal income tax purposes or any trust if a court within the United States is able to exercise primary supervision over the trust and one or more United States fiduciaries have the authority to control all substantial decisions of the trust".

44. finatiQ shall be entitled to add, vary or amend any or all of these terms and conditions at any time upon giving notice to the Customer. Such addition, variation or amendment shall take effect from the date stated in the notice, which in most instances, shall be no less than 30 days from the date of notice. If the Customer does not accept such change(s), the Customer shall forthwith discontinue operating the Investment Account and/or use of the services governed by these terms and conditions and instruct finatiQ to close the Investment Account and/or terminate the services. Where the Customer continues to operate the Investment Account and/or use the services after such notification, the Customer shall be deemed to have agreed with and accepted such change(s). finatiQ may notify the Customer of any variations to the terms and conditions herein by:-

(a) publishing such variations in the statements to be sent to the Customer;
(b) posting such variations on finatiQ's website;
(c) electronic mail or letter;
(d) publishing such variations in any newspapers; or
(e) such other means of communication as finatiQ may determine in its absolute discretion.

44A. The agreement set out in and the provision of the service(s) governed by these terms and conditions may be terminated permanently by finatiQ in its absolute sole discretion by finatiQ giving written notice of such discontinuance to the Customer and may be cancelled by the Customer giving to finatiQ not less than 14 days notice. Such discontinuation by finatiQ shall take effect from the date stated in the notice, which in most instances, shall be no less than 30 days from the date of notice.

44B.  The Customer shall provide finatiQ with written notice of any change in the Customer's particulars.

45. finatiQ may from time to time specify fees and charges in respect of the unit trust transactions in finatiQ's pricing guide or otherwise. finatiQ shall be entitled to levy a service charge at such rate or rates as stated in finatiQ's pricing guide from time to time in respect of any unit trust transaction.

Governing Law and Jurisdiction

46. These terms and conditions governing unit trust transactions shall be governed by and construed in accordance with the laws of Singapore and the Customer hereby irrevocably submits to the jurisdiction of the courts of Singapore. A person who is not a party to any agreement governed by these terms and conditions governing unit trust transactions shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of these terms and conditions governing unit trust transactions.

Interpretation

47. (a) In these terms and conditions:-

  1. "Agreement" means the agreement between the Customer and finatiQ incorporating and including these terms and conditions (referred as Unit Trust Terms and Conditions).
  2. "CPF" means the Central Provident Fund;
  3. "CPF Accounts" means the accounts designated as the Ordinary Accounts for CPF members maintained with the CPF Board or such other accounts the monies of which are authorised by the CPF Board for investment.
  4. "Custodian" means Bank of Singapore Nominees Private Limited and/or any other custodian appointed by finatiQ from time to time in respect of its Investment Account services.
  5. "Customer" means any person or persons (jointly and severally where there are more than one) who have entered into any agreement for holding, subscribing, switching, transferring or redeeming Units and a Regular Savings Plan on these terms and conditions and also includes the Customer's personal representatives and permitted assigns.
  6. "Dealing Day" means in respect of the relevant Fund a day on which dealings take place of Units in the Fund.
  7. "finatiQ" means Bank of Singapore Limited or its successor in title.
  8. "Fund" means any unit trust, investment fund, mutual fund or any other collective investment scheme authorised by the Registrar of Companies and Businesses of Singapore and distributed by or made available through finatiQ under these terms and conditions.
  9. "Investment Account" means any Investment Account opened by a Customer with finatiQ subject to its Investment Account Terms and Conditions.
  10. "Internet" means the ubiquitous global network of computers, telecommunications and software which facilitates communications, electronic or otherwise, between person(s) and machines.
  11. "Manager" means and includes the manager, issuer, representative or agent or investment manager of any Fund.
  12. "MEPS" means the Monetary Authority of Singapore Electronic Payment System.
  13. "Prospectus" in relation to any Fund means the most recently published version from time to time of the prospectus as required under the Seventh Schedule of the Companies Act (Cap. 50).
  14. "Relevant Person" means and includes any custodian, manager, agent, nominee, trustee, any bank, electronic computer telecommunication financial or card institution involved in Internet services.
  15. "SRS" means the Supplementary Retirement Scheme.
  16. "Unit" means a share or unit in a Fund.

(b) Words importing a person import also a firm or corporation.

(c) Words importing only the singular number includes the plural number and vice- versa. Words importing the masculine gender includes the feminine and neuter genders and vice-versa. References to clauses are references to clauses of these terms and conditions. Headings in these terms and conditions are inserted for ease of reference and shall not affect their interpretations.

 
 
 
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