Marketing Communications Disclosures (Article 4 CBDR) – Summary of Investor Rights
This is a summary of rights afforded to you as a Shareholder whose name appears on the share register of the Fund. Should you require any further information relating to the terms of your investment, please refer to the prospectus, the constitutive document of the Fund, share application form and any side letter entered into with the AIFM relating to your investment in the Fund.
Entitlement to receive certain information relating to your investment in the Fund
As a Shareholder in the Fund, a copy of the latest annual financial statements of the Fund will be sent to your contact email address by the Administrator and a copy of such reports shall be provided to you on request and free of charge by contacting firstname.lastname@example.org.
The latest Net Asset Value per Share is also available from kinsale-capital.com and on request from the Administrator and the AIFM.
The current prospectus of the Fund shall also be available from Kinsale Capital Management Limited.
The AIFM must notify you of any material changes to certain information contained in the prospectus provided to you before you invested in the Funds. It must also periodically disclose the current risk profile of the Fund and risk management systems used by the AIFM to manage such risks as well as information on any liquidity arrangements being used by the Fund. Where applicable, it must also regularly disclose certain information relating to leveraging arrangements implemented on behalf of the Fund.
Entitlement to redeem your interest in the Fund
Shareholders in the Fund are entitled to redeem their shareholding and receive the redemption proceeds relating to such Shares within the timeframe and subject to such conditions as detailed in the Fund’s prospectus.
Voting rights and related matters
Save to the extent that a Shareholder has chosen to invest in Shares which do not carry voting rights, a Shareholder has the right to vote (whether in general meeting or, where so permitted under the Fund’s constitutive document, by way of a written resolution) on shareholder resolutions relating to the Fund, relevant Sub-Fund or Class in accordance with the conditions set down in the Fund’s prospectus.
Under applicable legislation, a Shareholder holding not less than 10% of the voting rights in the Fund (or relevant Sub-Fund or Class as applicable) may request the directors of the Fund to convene an extraordinary general meeting of the Fund (or relevant Sub-Fund or Class as applicable) in accordance with the provisions of the relevant legislation.
Entitlement to make a complaint
As a Shareholder in the Fund, you are entitled to make a complaint. Any such complaint must be handled by the management company promptly and effectively.
Investor rights against the Fund and service providers of the Fund
As a Shareholder in the Fund, you have a right of action against the Fund for any breach of contract.
Shareholders in the Fund do not have any direct contractual rights against any service provider appointed in respect of the Fund because of the absence of a direct contractual relationship between the Shareholder and the relevant service provider. Instead, the proper plaintiff in an action in respect of which a wrongdoing is alleged to have been committed against the Fund or its management company by the relevant service provider is typically the Fund or its management company as applicable.
Notwithstanding the foregoing, a Shareholder has a regulatory right of action to purse the Depositary appointed by the Fund in respect (i) any loss of an asset held in the custody of the Depositary or any delegate of the Depositary or (ii) of any other losses caused by the Depositary’s negligent or intentional failure to properly fulfil its obligations under applicable regulations.
Representative actions under Irish law
Currently under Irish court rules, there is no formal representative action procedure in place which facilitates collective redress by consumers in respect of infringements of EU or national law. This means that any action brought in an Irish court relating to an infringement of Irish or EU laws governing collective investment schemes and their managers must currently be litigated on an individual basis.
A collective redress mechanism, as required under Directive (EU) 2020/1828, must be implemented in Ireland by 25 June 2023.
It should be noted that this summary addresses rights conferred on Shareholders under the applicable legislation governing the operation of the Fund in which you are invested. You may also be afforded rights under other legislation or regulatory frameworks which are not addressed above, including for example, your rights as a data subject under Regulation 2016/679.