Summary of Investor Rights
Capitalised terms used on this webpage have the same meaning given to them in the Prospectus of Fundsmith SICAV.
Shareholder Rights
If you are a Shareholder in any Sub-fund of the SICAV and these Shares are registered in your name on the relevant Shareholder register, you will have certain Shareholder rights which you can exercise. This may include rights to dividends declared by the SICAV or to a proportion of net proceeds on the liquidation of the SICAV.
The SICAV draws the investors’ attention to the fact that any investor will only be able to fully exercise his investor rights directly against the SICAV, notably the right to participate in general meetings of shareholders, if the investor is registered himself and in his own name in the register of shareholders of the SICAV. In cases where an investor invests in the SICAV through an intermediary investing into the SICAV in his own name but on behalf of the investor, it may not always be possible for the investor (i) to exercise certain shareholder rights directly against the SICAV or (ii) to be indemnified directly from the SICAV in case of Net Asset Value calculation errors and/or non-compliance with investment rules and/or other errors at the level of a Sub-fund. Investors are advised to take advice on their rights.
More details on Shareholder rights are set out in the Prospectus and Articles of the SICAV.
Investor rights under your contract with the SICAV
As an investor in the SICAV, and depending on how you invested, you may have certain investor rights arising under contract between yourself and the SICAV.
For further details on these rights, please refer in particular to the Prospectus and to the contractual documentation which you completed in order to make your investment in the SICAV.
Additional investor rights arising from local laws
Depending on how you invested in the SICAV, you may be entitled to avail of certain domestic protections and rights to compensation claims deriving from your local legislation. For further details on such rights please refer to your local investor compensation website, if available.
Complaints handling
Information on the procedures in place for the handling of complaints by prospective investors and/or Shareholders are available upon request from the Administrator or the Management Company.
Collective redress
In the event you perceive you have suffered a loss, you may have a right to seek redress on a collective basis through a collective redress mechanism which has been made available in your local jurisdiction. The availability of access to a local collective redress mechanism will depend on the jurisdiction you are based in and the location of the contract formed with the SIACV and how you invested in the SICAV. For further details on such rights please refer to the website of your local regulator.
The European Union has introduced legislation to support the ability for consumers to take representative action across the EU. Directive (EU) 2020/1828 of 25 November 2020 on representative actions for the protection of the collective interests of consumers was in principle due to be transposed by the member states of the European Union into local law by the 25 December 2022 at the latest and the provisions should have been applicable from 25 June 2023. However, this collective redress mechanism has not yet been implemented in all member states of the European Union. Luxembourg has not yet implemented Directive (EU) 2020/1828.
We will update this summary with further rights as they arise in due course.