Please note the following in respect of Colchester’s regulatory status in Australia: (i) neither Colchester Global Investors Limited ARBN 153 119 763 nor Colchester Global Investors (Singapore) Pte. Ltd ABN 58 159 947 583 holds an Australian financial services licence for the provision of certain financial services, and both entities are exempt from the requirement to hold an Australian financial services licence under the Corporations Act 2001 in respect of the financial services Colchester provides on the basis that, among other things, it only provides services to “wholesale clients” with the meaning of the Corporations Act 2001; (ii) Colchester Global Investors Limited is authorised and regulated by the Financial Conduct Authority of the United Kingdom under UK the laws of England and Wales, which differ from Australian laws; (iii) Colchester Global Investors (Singapore) Pte. Ltd is regulated by the Monetary Authority of Singapore under Singapore laws, which differ from Australian laws. Therefore, Australian wholesale clients are not necessarily subject to the same types of legal protections or remedies that they would enjoy if Colchester was directly subject to the Corporations Act.
A person or entity is a “wholesale client” if they satisfy the requirements of section 761G of the Corporations Act 2001. This commonly includes a person or entity:
- Who holds an Australian Financial Services License.
- Who has or controls at least AUD 10 million (and may include funds held by an associate or under a trust that the person manages).
- That is a body regulated by APRA other than a trustee of:
(i) a superannuation fund;
(ii) an approved deposit fund;
(iii) a pooled superannuation trust; or
(iv) a public sector superannuation scheme,
within the meaning of the Superannuation Industry (Supervision) Act 1993.
- That is a body registered under the Financial Corporations Act 1974.
- That is a trustee of:
(i) a superannuation fund; or
(ii) an approved deposit fund; or
(iii) a pooled superannuation trust; or
(iv) a public sector superannuation scheme
within the meaning of the Superannuation Industry (Supervision) Act 1993 and the fund, trust or scheme has net assets of at least AUD10 million.
- That is a listed entity or a related body corporate of a listed entity.
- That is an exempt public authority.
- That is a body corporate, or an unincorporated body, that:
(i) carries on a business of investment in financial products, interests in land or other investments; and
(ii) for those purposes, invests funds received (directly or indirectly) following an offer or invitation to the public, within the meaning of section 82 of the Corporations Act 2001, the terms of which provided for the funds subscribed to be invested for those purposes.
- That is a foreign entity which, if established or incorporated in Australia, would be covered by one of the preceding paragraphs.
Other important information
The issuer of this website is Colchester Global Investors Limited (“Colchester”). Colchester is authorised and regulated by the Financial Conduct Authority in the United Kingdom. Colchester is incorporated in England and Wales with its registered office at Heathcoat House, 20 Savile Row, London W1S 3PR, United Kingdom and registered number 3855960. Colchester Global Investors (Singapore) Pte. Ltd. holds a Capital Markets Services Licence in fund management issued by the Monetary Authority of Singapore (MAS) pursuant to the Securities and Futures Act 2001. CGIS is licensed as a financial services provider by the Financial Sector Conduct Authority (licence number 53343) in South Africa. CGIS is also the holder of an offshore discretionary investment management services licence issued by the Korean Financial Services Commission. Details of the regulatory status of Colchester’s other subsidiaries and affiliates, who may contribute to the content of this website, are set out in the footer to this website.
NO OFFER OR ADVICE
Colchester makes this website available as a source of information about the firm, its people, its products and services and the services described may not be available to, or suitable, for you. Nothing on the site constitutes investment advice. No information provided on this website in relation to any product or investment should be construed as advice to you on the suitability or otherwise of that product or investment for you or any other person, such suitability depending on all the circumstances of the person concerned. Nothing contained on the website constitutes investment, legal, tax or other advice, nor should it be considered a solicitation, recommendation or endorsement, nor is it to be relied on in making an investment or other decision. Where applicable, please refer to the relevant fund’s offering documents for more detailed information related to its investment objectives, investment strategies and approach to sustainability and environmental, social and governance (ESG) matters. You should obtain relevant and specific professional advice before making any investment decision.
This website does not represent any offer to provide services or to buy or sell securities of any kind. Colchester does not offer products or services to retail investors.
ESG
Responsible investing is an integral part of the investment process however Colchester never makes investment decisions based solely upon ESG factors. Unless specified in the offering documents, specific assets with poor ESG ratings may not be excluded from portfolios.
SELLING RESTRICTIONS
The investments and strategies discussed on this website may not be suitable for all investors. The distribution of the information and documentation on this website may be restricted by law in certain countries. This website, and the information and documentation on it, are not addressed to any person resident in the territory of any jurisdiction where such distribution would be contrary to the local law or regulation. Not all of the products and services mentioned on this website are available in all geographical locations and so not all information available on this website will be accessible to all users. The products and services are not available, and offering materials relating to them will not be distributed, to any person resident in any jurisdiction where such distribution would be contrary to local law or regulation. If you are uncertain about your position under the laws of the country in which the website is being viewed then you should seek clarification by obtaining legal advice from a lawyer practicing in the country of your residence or in the country in which the website is being viewed before accessing this website.
RISK WARNINGS
You should always bear in mind that: • the value of investments and any income from them may go down as well as up. You may not get back all of your original investment. • past performance should not be seen as an indication of future performance. • indications of past performance displayed on this website will not necessarily be repeated in the future. • rates of exchange may cause the value of underlying investments to go up or down. • applications to invest in any product referred to on this website must only be made on the basis of the documentation relating to the specific investment. • there can be no assurance that professionals currently employed by Colchester will continue to be employed by the firm or that a level of experience or past performance is indicative of future performance or success.
JURISDICTION
The information provided on this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Colchester or its affiliates to any registration requirement within such jurisdiction or country.
LIMITATION OF LIABILITY
Notwithstanding our fiduciary duties to existing clients. Colchester makes no representation or warranty as to the accuracy, completeness or contemporaneity of the information on this site. The content of this site reflects Colchester’s views, opinions, and portfolio holdings. Colchester reserves the right to change, modify, add, or delete, any content and the terms of use of this website without notice. Colchester shall not be liable for any loss or damage howsoever arising from the use of its web site or its content save for such liability as is imposed by the United Kingdom’s Financial Services and Markets Act 2000 as amended.
INDEMNIFICATION
As a condition of your use of this website, you agree to indemnify and hold Colchester, its subsidiaries and affiliates , and their respective partners, directors, employees, and agents harmless from and against any and all claims, losses, liability, costs, and expenses arising from your use of the website or from your violation of these terms, unless such claims, losses, liability, costs or expenses are due to Colchester or its affiliates negligence, wilful default, fraud or material breach of Colchester’s or its affiliates’ obligations under applicable law or regulation.
NO U.S. PERSONS
The information provided on this website regarding services offered by Colchester is not directed to any United States person or any person in the United States, any state thereof, or any of its territories or possessions.
THE MATERIALS CONTAINED HEREIN ARE NOT FOR RELEASE, PUBLICATION OR DISTRIBUTION, IN WHOLE OR IN PART, IN OR INTO THE UNITED STATES OR ANY OTHER JURISDICTION WHERE TO DO SO WOULD CONSTITUTE A VIOLATION OF THE RELEVANT LAWS OR REGULATIONS OF SUCH JURISDICTION.
The offer and sale of any securities referred to in the information that follows has not been and will not be registered under the United States Securities Act of 1933, as amended (the “Securities Act”) or under the applicable securities laws of any state or other jurisdiction of the United States. Subject to certain exceptions, the securities will not be offered in the United States and may not be offered or sold in the United States unless registered under the Securities Act or pursuant to an exemption from, or in a transaction not subject to, such registration requirement. No public offering of securities of the Company is being made in the United States. The Securities offered and sold outside the United States are being offered in reliance on Regulation S of the Securities Act.
THIRD PARTY CONTENT
This website may contain information obtained from third parties. Reproduction and distribution of third party content in any form is prohibited, except with the prior written permission of the related third party. Third party content providers do not endorse or recommend the securities or products discussed herein, nor do they guarantee the accuracy, completeness, suitability, timeliness or availability of any information, and are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such content. THIRD PARTY CONTENT PROVIDERS GIVE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, LEGAL FEES, OR LOSSES (INCLUDING LOST INCOME OR PROFITS AND OPPORTUNITY COSTS OR LOSSES CAUSED BY NEGLIGENCE) IN CONNECTION WITH ANY USE OF THEIR CONTENT.
PRIVACY
To the extent that any information you provide or which we obtain from this website constitutes personal data, you consent to its processing by Colchester and its agents and other third parties. All such companies are required to maintain the confidentiality of such information. If you do not wish your information to be used in this way, you should advise Colchester by email at [email protected]. Please see Colchester’s Privacy Notice contained on this website for more detailed information. Information about how to make a complaint will be provided to you upon request.
RECORDING OF CALLS
Colchester may record telephone conversations, as required under applicable regulation.
APPLICABLE LAW
These terms and any non-contractual obligations arising from or connected with them shall be governed by, and construed in accordance with, the laws of England and Wales.
This website and its contents are the property of Colchester (including its subsidiaries) or its third party licensors. You may not reproduce, modify or distribute the content of this website without prior consent from Colchester.
If you are in any doubt about the information contained on this website, please contact us via [email protected] or consult your usual professional financial adviser, if you have one.
By clicking the “I UNDERSTAND” button below you confirm that you (1) have read and understood the information set out above, (2) agree to be bound by its terms, (3) are a “wholesale client” as defined in the Corporations Act 2001, (4) are permitted under applicable law and regulation to proceed to the following parts of this website and (5) accept cookies from this website.
