Professional Documents
Culture Documents
2013-07-25
1. The Parties
The Parties are Fundior Investment Ltd (an international business company incorporated in the Bahamas with the registration number 162833 B), hereinafter called FIL, and those who have signed up an Investment Agreement with FIL concerning FILs services, and for which an accounting record is kept, hereinafter called the account holder. The account holder consents to allowing FIL, in connection with an approved application for the Investment Agreement and the receipt of the payment for the chosen investment product, to open one or more investment products on the account holders behalf. The account holder must be able to provide proof of identity to FIL when requested, in a manner decided by FIL. Fundior Investment Agreement is not available to the residents or citizens of the Bahamas or the United States of America.
2. General
The account holder authorizes FIL, on his/hers/their behalf, to purchase shares in Fundior Investment Fund Ltd (incorporated in The Bahamas with the registration number 166444 B), hereinafter called Fund. The account holder enters, without any further notification, into an investment product, which will be kept in his/hers/their account, with FIL which provides the account holder with the agreed return. The account holders shares in the Fund will be kept on his/hers/theirs behalf, in the custody of FIL. At the maturity of the chosen investment product and when the account holder decides to surrender all his/hers/their investment products, the ownership of the shares in the Fund, will be transferred to FIL. FIL will pay the account holder the agreed amount according to the terms of the investment product found in the Special Terms and Conditions.
3. Due Diligence
The Fund, in accordance with the money laundering regulations, must scrutinize and verify the account holders identity and credibility. The account application, photo ID and the details provided by the account holder must be scrutinized. FIL retains the right, without giving a reason, to deny an account holder the possibility of making an investment in the Fund by returning the money to the account holder.
Fundior Investment Ltd, PO Box No. 83, MaltaPost plc, Marsa Head Office, Triq Hal-Qormi, Marsa, Malta Phone: +356 2778 1240, Fax: +356 2778 0181, Email: customerservice@fundiorinvest.com, www.fundiorinvest.com
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4. Definitions
The Fund - Fundior Investment Fund Ltd incorporated in The Bahamas with registration number 166444B. Details of the Fund can be found in the Memorandum and Articles of Association available on Fundior Investment Ltds website, www.fundiorinvest.com, or it may also be ordered by phone from +356 2778 1240 or by email from customerservice@fundiorinvest.com. Fundior Investment Ltd - An international business company incorporated in The Bahamas. FIL is the registered owner of the shares in the Fund and offers products linked to the Fund. Valuation day - The last banking day of each calendar month, or any other day selected by the directors. Agreed returns - FIL commits to pay to the account holder a fixed rate of return depending on the investment product and period chosen, or a return which is linked to the stock market index specified in the Special Terms and Conditions. Stock market index - Stock market index is a method of measuring the value of a section of the stock market. It is computed from the prices of selected stocks. It is a tool used by investors and financial managers to describe the market, and to compare the return on specific investments.
5. Investment Product
At any time, the account holder can make a payment to the bank account of FIL. This means that the account holder authorizes FIL, on behalf of the account holder, to purchase shares in the Fund on the next valuation day. When FIL, on the account holders behalf, buys shares in the Fund, the account holder enters into an investment product with FIL. The investment product with FIL provides the account holder with an agreed return irrespective of the Funds performance. At the time of the maturity of this investment product the account holder will receive the agreed return to his/hers/their Cash Account. If the value of the account holders shares in the Fund is lower than the initial investment plus the agreed return the loss will be covered by FIL. If the value of the account holders shares in the Fund is higher than the initial investment plus the agreed return the surplus will be assigned to FIL. When the account holder surrenders all his/hers/their investment products the ownership of the shares in the Fund is transferred to FIL. If an investment product with a fixed rate of return is requested, information regarding the requested investment period and currency should either be specified on the account application form or given separately to FIL. If no fixed term investment product has been specified, it is assumed that the account holder has chosen the 3 month Automatically Renewable Fixed Term Account.
Fundior Investment Ltd, PO Box No. 83, MaltaPost plc, Marsa Head Office, Triq Hal-Qormi, Marsa, Malta Phone: +356 2778 1240, Fax: +356 2778 0181, Email: customerservice@fundiorinvest.com, www.fundiorinvest.com
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Furthermore, the account holder exclusively authorizes FIL to sell the shares at the end of the Investment Agreement. When the Investment Agreement ends, the ownership of the shares is transferred to FIL. With this agreement, the account holder also exclusively authorizes FIL to keep the shares in safe custody until they are sold. As a condition for FILs obligation to pay out the chosen returns offered by FIL, the Fund shares must be kept in the custody of FIL throughout the entire term of the investment period.
6. Returns
The returns offered by FIL depends on the investment products available from time to time and are described in the Investment Agreement application form and in the Special Terms and Conditions available on FILs website. The returns are subject to change. If the account holder uses an old Investment Agreement application form which includes terms and conditions other than those which currently apply, then FIL will contact the account holder to request the account holders approval of the current terms and returns. If approval is not given, the funds will be returned or if the account holder cannot be found the funds will be invested in the Cash Account.
Fundior Investment Ltd, PO Box No. 83, MaltaPost plc, Marsa Head Office, Triq Hal-Qormi, Marsa, Malta Phone: +356 2778 1240, Fax: +356 2778 0181, Email: customerservice@fundiorinvest.com, www.fundiorinvest.com
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9. Cash Account
All account holders at FIL are provided with a Cash Account. The Cash Account is used for receiving funds from the account holder and from the matured investment products as well as for paying withdrawals to the account holder and for investing in the chosen investment products. The Cash Account works also as a transactions account showing the transaction history of the account holders Investment Agreement. The Cash Account is also used for withdrawals of possible fees and charges. Deposits to the Cash Account can be made on any banking day. Transfers to the chosen investment products will be made from Cash Account on the last day of the relevant month. Also see FILs Special Terms and Conditions for the return payable to Cash Account balance.
10. Withdrawals
The request for withdrawals from Cash Account can be made in different ways, via FILs website, or via a signed letter or a fax. The funds will be paid by bank transfer into the account holders bank account in any bank. Payments will not be made to any third parties. It is assumed that the bank account which has been specified in writing by the account holder always belongs to the account holder. The withdrawals will normally be paid after five banking days since FIL has received an acceptable request.
12. Complaints
The account holder shall immediately bring to the attention of FIL, any errors or short-comings in the account statements, receipts and the annual statement, or in the execution of an assignment or service. The corresponding applies if the account holder is of the opinion that FIL has not carried out an instructed assignment or service correctly. A complaint shall be submitted as soon as the account holder discovers, or ought to have discovered, the error/inaccuracy. If a complaint is not handled immediately, the account holder forfeits the right to claim compensation or demand other actions from FIL.
Fundior Investment Ltd, PO Box No. 83, MaltaPost plc, Marsa Head Office, Triq Hal-Qormi, Marsa, Malta Phone: +356 2778 1240, Fax: +356 2778 0181, Email: customerservice@fundiorinvest.com, www.fundiorinvest.com
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17. Messages
The account holder shall always inform FIL about changes of name, address, email and phone number. The account holders can make these amendments themselves by logging in to their account on FILs website www.fundiorinvest.com. Messages sent by email shall be considered to have been received by the account holder at the time of transmission if the message is sent to an email address specified by the account holder. Messages from the account holder to FIL shall be sent to the contact details indicated in the account holders application for an Investment Agreement, as long as FIL has not given new contact details to the account holder.
Fundior Investment Ltd, PO Box No. 83, MaltaPost plc, Marsa Head Office, Triq Hal-Qormi, Marsa, Malta Phone: +356 2778 1240, Fax: +356 2778 0181, Email: customerservice@fundiorinvest.com, www.fundiorinvest.com
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20. Taxation
Capital gains, investment income and wealth are taxed differently in different countries. Usually taxation takes place in the country of the residence. Neither FIL nor the Fund sends income statements to any authority. It is therefore account holders own responsibility to provide such information regarding their investments, to the relevant tax authorities.
Fundior Investment Ltd, PO Box No. 83, MaltaPost plc, Marsa Head Office, Triq Hal-Qormi, Marsa, Malta Phone: +356 2778 1240, Fax: +356 2778 0181, Email: customerservice@fundiorinvest.com, www.fundiorinvest.com
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22. Risks
Investment in a Fund with agreed returns from FIL provides the possibility of good returns, but as with all investments, there are risks involved. The following risks are presented and are not necessarily in any order of precedence, nor do they claim to make up a completely comprehensive description of the risks involved. Risk associated with the investments The Fund invests primarily in listed bonds. The risk for such instruments becoming worthless lies with the market value and liquidity and with issuers ability to pay off its debts. Both the interest payments and the capital are then at risk. The Fund also has the ability to invest in other bonds, securities and real estate. The risk for such instruments lies with their market value and liquidity. Risks associated with the development of the share indices If the account holder has chosen investment product with an agreed return which is linked to share indices, the account holders investment may decrease in value if the indices go down. Liquidation of the investment before the maturity date An account holders personal situation may change so that he/she/they are forced to redeem his/her/their investment before the maturity date. An investment product at a fixed rate of return may last for a period of up several years and must therefore be regarded as a long-term investment. If an account holder chooses to redeem his/her/their investment product before the maturity date, he/she/they will receive the rate that applies at the time of the redemption, which may be either lower or higher than the invested amount. Taxes Tax regulations and tax rates may change. There are no guarantees that tax-related and regulatory classifications regarding the Investment Agreement do not change before the end of the Investment Agreement or of the maturity date of the underlying investment products. If such changes should occur they can have unplanned consequences.
Fundior Investment Ltd, PO Box No. 83, MaltaPost plc, Marsa Head Office, Triq Hal-Qormi, Marsa, Malta Phone: +356 2778 1240, Fax: +356 2778 0181, Email: customerservice@fundiorinvest.com, www.fundiorinvest.com
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24. Interpretation
These General Terms and Conditions are available in English. FIL or the Fund is not in charge of any translations or summaries there might have been made to other languages unless specifically being approved by them.
Fundior Investment Ltd, PO Box No. 83, MaltaPost plc, Marsa Head Office, Triq Hal-Qormi, Marsa, Malta Phone: +356 2778 1240, Fax: +356 2778 0181, Email: customerservice@fundiorinvest.com, www.fundiorinvest.com