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Customer Agreement and Application Form - Foresight Group

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<strong>Foresight</strong><br />

Inheritance Tax Solution<br />

Sustaining wealth for future generations<br />

<strong>Customer</strong> <strong>Agreement</strong> & <strong>Application</strong> <strong>Form</strong> March 2013


01<br />

<strong>Customer</strong> <strong>Agreement</strong><br />

Please take independent advice on this <strong>Customer</strong> <strong>Agreement</strong><br />

1. Legal Status<br />

This <strong>Agreement</strong> constitutes the contract between You <strong>and</strong><br />

Us appointing Us to constitute <strong>and</strong> manage Your Portfolio<br />

in accordance with the Investor Guide. By signing the<br />

<strong>Application</strong> <strong>Form</strong> You agree <strong>and</strong>/or confirm that:<br />

1.1 You have received, read <strong>and</strong> understood the Investor<br />

Guide <strong>and</strong> this <strong>Customer</strong> <strong>Agreement</strong>;<br />

1.2 Your investment will be managed <strong>and</strong> operated in<br />

accordance with <strong>and</strong> on the terms <strong>and</strong> conditions of the<br />

<strong>Customer</strong> <strong>Agreement</strong>;<br />

1.3 You have not relied on any statement, representation or<br />

warranty made or given by <strong>Foresight</strong> <strong>Group</strong>, other than<br />

those expressly set out in the <strong>Customer</strong> <strong>Agreement</strong>;<br />

1.4 You have sought independent advice in respect of Your<br />

investment in the <strong>Foresight</strong> ITS;<br />

1.5 all information that You have provided to Us (including<br />

the information provided in Your <strong>Application</strong> <strong>Form</strong>) is true,<br />

accurate <strong>and</strong> complete in all material respects <strong>and</strong> You<br />

have not omitted any information which may be material<br />

to the services to be provided to You <strong>and</strong> any changes to<br />

information You have provided shall be notified to Us in<br />

writing as soon as reasonably practicable; <strong>and</strong><br />

1.6 where You comprise more than one person We shall be<br />

entitled to act on the instructions <strong>and</strong> directions of any<br />

one of such persons.<br />

2. Regulatory Status<br />

2.1 <strong>Foresight</strong> is regulated by the Guernsey Financial Services<br />

Commission for the provision of investment management<br />

<strong>and</strong> advisory services. <strong>Foresight</strong> ITS is an unregulated<br />

English product <strong>and</strong> does not require approval from<br />

the Guernsey Financial Services Commission. However,<br />

<strong>Foresight</strong> is permitted under all applicable legislation to<br />

provide the services to be undertaken by it as described in<br />

this <strong>Agreement</strong>.<br />

2.2 We will always comply with the Applicable Rules in relation<br />

to the <strong>Foresight</strong> ITS.<br />

2.3 The <strong>Foresight</strong> ITS is not suitable for persons who are not<br />

subject to IHT <strong>and</strong> is not addressed to, or being sent to, any<br />

non-UK residents.<br />

2.4 <strong>Foresight</strong> <strong>Group</strong> LLP, which has published the Investor<br />

Guide, is covered by the Financial Services Compensation<br />

Scheme. However, You should be aware that <strong>Foresight</strong>,<br />

which is Your investment manager, does not carry on<br />

investment business in the UK <strong>and</strong> is not regulated by<br />

the Financial Services Authority. The laws set out in the<br />

Financial Services <strong>and</strong> Markets Act 2000 will not<br />

apply to You. <strong>Foresight</strong> is not covered by the Financial<br />

Services Compensation Scheme or the Financial<br />

Ombudsman Service.<br />

3. Commencement Date<br />

3.1 This <strong>Agreement</strong> will take effect on the date We accept<br />

Your duly completed <strong>and</strong> signed <strong>Application</strong> <strong>Form</strong>.<br />

FoReSIght INHERITANCE TAx SOLUTION<br />

3.2 All Our obligations under this <strong>Agreement</strong> are subject<br />

to Our first being satisfied with any compliance<br />

procedures required of Us in accordance with all Money<br />

Laundering Regulations. The compliance procedures<br />

include requiring proof of Your identity <strong>and</strong> of Your<br />

address, or that of any person with legal control over the<br />

investment. You authorise <strong>Foresight</strong> <strong>Group</strong> to undertake<br />

any electronic searches necessary for the purposes of<br />

verifying Your identity <strong>and</strong> address <strong>and</strong> to check the<br />

details You supply against Your particulars on any<br />

database (public or otherwise).<br />

3.3 We may pass on any information supplied by or on<br />

behalf of You as We consider necessary to comply with<br />

any legal or regulatory obligation to which We or any<br />

affiliate are subject. <strong>Foresight</strong> may also use Your details<br />

in the future to assist other companies for verification<br />

purposes. A record of this search will be retained. If Your<br />

identity cannot be verified, We may ask You to provide,<br />

among other things, a recent, original bank statement<br />

<strong>and</strong> an original HM Revenue & Customs Tax Notification,<br />

or a copy of Your passport certified by a bank, solicitor<br />

or accountant or a Client Verification Certificate from<br />

Your financial adviser.<br />

4. Investment Management Services<br />

4.1 <strong>Foresight</strong> ITS is a discretionary investment management<br />

service. By entering into this <strong>Agreement</strong>, You grant to Us<br />

the right on Your behalf <strong>and</strong> on a discretionary basis to<br />

select <strong>and</strong> manage investments in accordance with the<br />

objectives <strong>and</strong> principles of <strong>Foresight</strong> ITS, as set out in the<br />

Investor Guide. We will, typically acting as Your agent, buy<br />

appropriate investments to build Your Portfolio <strong>and</strong> when<br />

You wish to withdraw funds from Your Portfolio, sell down<br />

such holdings in Your Portfolio as We deem appropriate.<br />

Generally We shall act as We think appropriate in relation<br />

to the management of the Portfolio, but subject always to<br />

the provisions of this <strong>Customer</strong> <strong>Agreement</strong>.<br />

4.2 By entering into this <strong>Agreement</strong>, You acknowledge<br />

that <strong>Foresight</strong> <strong>Group</strong> has not provided You with advice<br />

about the <strong>Foresight</strong> ITS. You further acknowledge<br />

that <strong>Foresight</strong> ITS is not a collective investment<br />

scheme nor is it regulated <strong>and</strong> accordingly does not<br />

provide for protections typical of such schemes or<br />

regulated products.<br />

4.3 We will acquire for Your Portfolio, investments which We<br />

reasonably believe to be Qualifying Investments at the<br />

time of acquisition (but no commitment is given that<br />

any such investment will remain a Qualifying Investment<br />

at all times thereafter). There shall be no restriction on<br />

the amount invested in any one investment, or on the<br />

proportion of Your Portfolio in any one investment, or<br />

any particular type of investment unless specified in the<br />

Investor Guide.<br />

4.4 It is likely that the trading activities of the entities in which<br />

Your Portfolio invests will include dealings with companies


<strong>and</strong> other entities in which <strong>Foresight</strong> <strong>and</strong> its Affiliates<br />

or funds advised by <strong>Foresight</strong> <strong>and</strong> its Affiliate have an<br />

interest. Such interests may include equity investments<br />

<strong>and</strong>/or debt investments. Such dealings may include the<br />

provision of credit facilities on preferred or subordinated<br />

terms. Accordingly <strong>Foresight</strong> <strong>and</strong> its Affiliates may be<br />

entitled to gains, profits or fees from or in relation to<br />

such companies <strong>and</strong> entities. Additionally the costs <strong>and</strong><br />

expenses of such companies <strong>and</strong> entities (which may<br />

include payments to <strong>Foresight</strong> or Affiliates) is not included<br />

in the expenses cap referred to in clause 6.8. The conduct<br />

of Your Portfolio will always be in accordance with the<br />

objectives <strong>and</strong> principles set out in the Investor Guide.<br />

4.5 Any sale of investments by Us on Your behalf may<br />

trigger tax consequences about which You should<br />

speak to Your professional financial adviser. A sale of<br />

Qualifying Investments will mean you lose the benefit of<br />

BPR in relation to those Qualifying Investments. We are<br />

not responsible for the taxation consequences of any<br />

transaction. Save for BPR We are not required to take<br />

into account tax issues for You in the management of<br />

the Portfolio.<br />

4.6 We will not be responsible for any disclosures or<br />

notifications from time to time required of You by<br />

legislation or regulatory bodies such as the Panel on<br />

Takeovers <strong>and</strong> Mergers.<br />

5. Financial Advice<br />

5.1 <strong>Foresight</strong> <strong>and</strong> its Affiliates have provided no financial,<br />

legal or tax advice in relation to the suitability of the<br />

<strong>Foresight</strong> ITS for You. It is Your responsibility (on<br />

the advice of Your professional financial adviser if<br />

appropriate) to keep Your financial circumstances,<br />

objectives <strong>and</strong> risk profile under review, <strong>and</strong> to assess<br />

whether the <strong>Foresight</strong> ITS <strong>and</strong> other investments selected<br />

by (or on behalf of) You remain suitable for Your needs.<br />

We are not liable for any losses You suffer or incur as a<br />

result of Your investment in the <strong>Foresight</strong> ITS (whether<br />

or not You have received advice from a professional<br />

financial adviser) <strong>and</strong> We cannot <strong>and</strong> do not make<br />

any representation that such investment is suitable or<br />

appropriate for Your specific needs <strong>and</strong> requirements.<br />

5.2 We will provide You with information on investments<br />

held within Your Portfolio from time to time. Any<br />

information on investments or markets such as market<br />

trends, investment analysis or commentary on the<br />

performance of selected investments or companies is for<br />

information purposes only <strong>and</strong> should not be viewed as<br />

a personal recommendation.<br />

5.3 We may, subject to Applicable Rules <strong>and</strong> unless You notify<br />

Us in writing, accept instructions <strong>and</strong> deal with any agent<br />

or other adviser notified to Us in writing rather than<br />

dealing with You directly <strong>and</strong> We may share with such<br />

person, details of Your investments with Us.<br />

<strong>Customer</strong> <strong>Agreement</strong><br />

5.4 Where Your <strong>Application</strong> <strong>Form</strong> has been submitted through<br />

a financial adviser or other professional agent, then<br />

You warrant <strong>and</strong> represent that such person is acting<br />

as Your agent.<br />

6. Fees <strong>and</strong> expenses<br />

6.1 Fees <strong>and</strong> expenses are summarised in the Investor Guide<br />

<strong>and</strong> are described in more detail in this clause 6.<br />

6.2 <strong>Foresight</strong> will be entitled to an initial charge of 2.5%<br />

of the monies invested by You in the <strong>Foresight</strong> ITS.<br />

This initial charge will be deducted from the<br />

monies invested.<br />

6.3 <strong>Foresight</strong> may make, or procure the making of, facilitation<br />

payments in respect of charges you have agreed with<br />

your authorised adviser on your behalf as detailed in the<br />

Investor Guide. You confirm that any ongoing agreed<br />

charges payable to your authorised adviser are <strong>and</strong> will<br />

be for ongoing services to You in relation to the <strong>Foresight</strong><br />

ITS. You have the right to cancel the facilitation of ongoing<br />

charges at any time by notice in writing to Us. You may<br />

also request that facilitation of ongoing charges be paid to<br />

a new authorised adviser who is advising you in relation<br />

to the <strong>Foresight</strong> ITS in place of the previous adviser.<br />

Any such request must be by at least 30 days notice in<br />

writing to Us. No facilitation of ongoing charges will be<br />

made unless these are exceeded by the value of Your<br />

Portfolio. We may decline to make or procure the making<br />

of, facilitation payments, or alter the structure of such<br />

facilitation payments for legal, tax or regulatory reasons.<br />

All facilitation payments will be made in accordance with<br />

the <strong>Foresight</strong> terms of business for intermediaries from<br />

time to time.<br />

6.4 <strong>Foresight</strong> shall, within 1 month of the end of each financial<br />

year of the <strong>Foresight</strong> ITS calculate the annual return on<br />

Your Portfolio for the period (“Calculation Period”) from<br />

the date of Your investment in the <strong>Foresight</strong> ITS to the<br />

last Business Day of that financial year. Annual return<br />

shall mean income returns (excluding capital growth) on<br />

the funds invested by You in Your Portfolio (net of the<br />

initial charge of 2.5%, any upfront adviser charges that<br />

are facilitated <strong>and</strong> any withdrawals by You) <strong>and</strong> shall<br />

be calculated on a simple basis without compounding,<br />

after deduction of all costs <strong>and</strong> expenses except for<br />

the <strong>Foresight</strong> management charges. In relation to each<br />

Calculation Period:<br />

6.4.1 <strong>Foresight</strong> shall be entitled to a basic management charge<br />

of a sum equal to the amount by which the annual return<br />

on Your Portfolio for that Calculation Period is greater<br />

than a minimum of 3.5% but no more than 5.5%; <strong>and</strong><br />

6.4.2 <strong>Foresight</strong> shall be entitled to an enhanced management<br />

charge of a sum equal to 50% of the amount by which<br />

the annual return on Your Portfolio for that Calculation<br />

Period is greater than 5.5%; <strong>and</strong><br />

FoReSIght INHERITANCE TAx SOLUTION<br />

02


<strong>Customer</strong> <strong>Agreement</strong><br />

6.4.3 the basic management charge <strong>and</strong> enhanced<br />

management charge (if anything) shall be paid within<br />

one month of the end of that Calculation Period (to the<br />

extent not previously paid). For the avoidance of doubt<br />

no part of a basic management charge or an enhanced<br />

management charge actually paid to <strong>Foresight</strong> shall be<br />

repayable if annual returns for a Calculation Period ending<br />

after the date of payment have fallen.<br />

6.5 <strong>Foresight</strong> <strong>and</strong>/or Affiliates will in respect of each<br />

financial year of the <strong>Foresight</strong> ITS charge a company<br />

secretarial fee of £60,000 per annum or, if greater,<br />

0.3% of the gross amount of all monies invested in the<br />

<strong>Foresight</strong> ITS at the end of such year. The company<br />

secretarial fee will be paid within one month of the<br />

end of the financial year.<br />

6.6 <strong>Foresight</strong> <strong>and</strong>/or Affiliates will charge a performance<br />

incentive fee on any withdrawals (including income<br />

withdrawals) by You from the <strong>Foresight</strong> ITS of a sum equal<br />

to 50% of the amount by which the total return on the<br />

initial investment by You (net of the <strong>Foresight</strong> initial charge<br />

<strong>and</strong> any upfront adviser charges that are facilitated)<br />

represented by such withdrawal exceeds 3.5% per annum.<br />

In calculating the total return to You no account will be<br />

taken of the dealing fee. All returns (income, capital or<br />

otherwise) will be taken into account <strong>and</strong> the 3.5% per<br />

annum target return will be calculated on a simple basis<br />

without compounding. <strong>Foresight</strong> reserves the right to<br />

structure the performance incentive fee in any form as it<br />

sees fit provided the overall financial impact upon you is<br />

materially no worse. We reserve the right, in the case of<br />

income withdrawals, to calculate performance incentive<br />

fees on income withdrawals during a financial year on<br />

an aggregate basis as if all paid half way through that<br />

financial year <strong>and</strong> to deduct any performance incentive fee<br />

from the next income withdrawal.<br />

6.7 <strong>Foresight</strong> will charge a dealing fee of 1% of the amount<br />

of any withdrawal (including regular withdrawals) from<br />

the <strong>Foresight</strong> ITS <strong>and</strong> the dealing fee will be deducted from<br />

the amount of the withdrawal. Dealing fees will not be<br />

charged on withdrawals to facilitate payments of ongoing<br />

adviser charges.<br />

6.8 <strong>Foresight</strong> will ensure (by deduction from the <strong>Foresight</strong><br />

basic management charge) that in relation to each<br />

financial year of the <strong>Foresight</strong> ITS the expenses of the<br />

<strong>Foresight</strong> ITS will not exceed 0.7% of the value of the<br />

Portfolios of all Investors in the <strong>Foresight</strong> ITS at the<br />

end of that financial year. Expenses will include the<br />

costs <strong>and</strong> expenses of the bodies corporate in which<br />

Your Portfolio invests, <strong>and</strong> the <strong>Foresight</strong> <strong>Group</strong> company<br />

secretarial fees. Expenses will not include the <strong>Foresight</strong><br />

management charges, performance incentive fees,<br />

dealing fees, stamp duty, the costs <strong>and</strong> expenses<br />

of the entities in which such bodies corporate<br />

themselves invest <strong>and</strong> investment costs of the<br />

underlying investments.<br />

6.9 <strong>Foresight</strong> may fix the financial year of the <strong>Foresight</strong> ITS<br />

<strong>and</strong>/or investors in the <strong>Foresight</strong> ITS from time to time.<br />

03 FoReSIght INHERITANCE TAx SOLUTION<br />

6.10 <strong>Foresight</strong> will value the investments, including capital <strong>and</strong><br />

income returns, in Your Portfolio on a basis consistent<br />

with the valuation principles issued by the British Private<br />

Equity <strong>and</strong> Venture Capital Association from time to time.<br />

In calculating the fees <strong>and</strong> charges of <strong>Foresight</strong> relevant to<br />

income or capital returns, or annual returns for any period<br />

the applicable valuation statements issued by <strong>Foresight</strong><br />

or Affiliates in relation to your Portfolio shall be final<br />

<strong>and</strong> binding.<br />

6.11 All costs <strong>and</strong> expenses are stated exclusive of value added<br />

tax, if applicable.<br />

7. Delegation <strong>and</strong> Use of Agents<br />

7.1 Any of Our functions under this <strong>Agreement</strong> may be<br />

delegated to an Affiliate or competent (<strong>and</strong> if relevant,<br />

appropriately regulated) third party of Our choice to<br />

perform such functions. We may appoint other members<br />

of <strong>Foresight</strong> <strong>Group</strong> who are suitably qualified to provide<br />

investment advisory services to Us in respect of Your<br />

investment. We may also delegate to other members of<br />

the <strong>Foresight</strong> <strong>Group</strong> who are suitably qualified. This does<br />

not prevent the assignment by Us of any agreement<br />

pursuant to clause 20.1.<br />

7.2 In particular, We may at Our discretion, delegate the<br />

provision of administration, nominee <strong>and</strong> safe custody<br />

services to such professional entity or entities as We see<br />

fit. We may change such entity <strong>and</strong> amend the terms of<br />

the relationship with such entity from time to time.<br />

7.3 We will act in good faith <strong>and</strong> with due diligence in the<br />

selection, use <strong>and</strong> monitoring of third party agents <strong>and</strong><br />

delegates. Save as provided in this clause 7.3 <strong>and</strong> clause<br />

7.4 We are not responsible or liable for the acts, omissions<br />

<strong>and</strong> errors of any agent or delegate.<br />

7.4 Where any functions have been delegated to an Affiliate,<br />

We will accept responsibility for all acts <strong>and</strong> omissions of<br />

such Affiliate as if they were Our own.<br />

8. Custody<br />

8.1 The Custodian will hold all investments in Your Portfolio in<br />

safe custody on the following basis:<br />

8.1.1 title documents (if any) to investments in respect of<br />

which such documents are issued will be physically held by<br />

the Custodian;<br />

8.1.2 any registerable investment acquired for Your Portfolio will<br />

normally be registered in the name of the Custodian or its<br />

nominee company; <strong>and</strong><br />

8.1.3 any documents of title to investments in bearer form will<br />

be held by the Custodian.<br />

8.2 Although Your investments will not be pooled into any<br />

underlying vehicle nor form a collective investment<br />

scheme, investments held by the Custodian for the<br />

account of Your Portfolio may in effect be pooled with<br />

other holdings held by the Custodian <strong>and</strong>, as such, may<br />

not be readily identifiable by separate certificates, other<br />

physical documents of title or equivalent electronic record.<br />

As a result, should the Custodian default, You will share


in any shortfall in proportion to Your original share of any<br />

investments in the Custodian’s pool. In addition, where<br />

the Custodian holds the same investments for You <strong>and</strong><br />

another investor in <strong>Foresight</strong> ITS, Your investments<br />

may in effect be used to settle that other investor’s<br />

transaction, which will not affect the Custodian’s<br />

record of Your entitlements.<br />

8.3 We have discretion to exercise or decline to exercise any<br />

conversion, subscription, voting or other rights relating<br />

to investments held in Your Portfolio, <strong>and</strong> to give suitable<br />

instructions to the Custodian, without consulting with You<br />

beforeh<strong>and</strong>. By entering into this <strong>Agreement</strong>, You hereby<br />

authorise <strong>Foresight</strong> to act on Your behalf <strong>and</strong> exercise all<br />

rights attaching to the investments held in Your Portfolio<br />

as it shall deem fit <strong>and</strong> at its discretion.<br />

9. Client Money<br />

9.1 We will deposit cash received from You in connection with<br />

the <strong>Foresight</strong> ITS with an Approved Bank in the United<br />

Kingdom or Guernsey <strong>and</strong> We will instruct the Approved<br />

Bank to hold such cash on Our behalf in a trust account<br />

separate to any account used to hold money belonging<br />

to Us in Our own right. No responsibility is accepted for<br />

any acts or omissions of the Approved Bank. Should the<br />

Approved Bank become insolvent, We will claim on behalf<br />

of Our clients against the Approved Bank, however, if<br />

the Approved Bank cannot repay all of its creditors, any<br />

shortfall may have to be shared proportionately<br />

between them.<br />

9.2 Following Our acceptance of Your application, interest<br />

will not accrue on uninvested cash until deposited with the<br />

Approved Bank.<br />

9.3 After termination of this <strong>Agreement</strong>, We may, subject<br />

to the Applicable Rules, retain Your money for Our own<br />

discretion if it remains unclaimed for a period of at least<br />

six years <strong>and</strong> provided that We have taken reasonable<br />

steps to trace You <strong>and</strong> return the balance.<br />

10. Valuations <strong>and</strong> Reports<br />

10.1 You will receive statements twice a year, comprising the<br />

cost <strong>and</strong> current value, of all underlying investments,<br />

within Your Portfolio as at the last Business Day of the<br />

period in question. All such reports will be provided<br />

within 90 days of the period end. The performance of<br />

the investments held within Your Portfolio will not be<br />

measured against any stock market or other index.<br />

10.2 All investments will be valued at close of business on<br />

the last Business Day of the relevant period as stated in<br />

clause 6.10. Periodic statements will also show income<br />

<strong>and</strong> interest credited to Your Portfolio, fees charged or<br />

accrued <strong>and</strong> transactions made within the period.<br />

11. Conflicts of Interest<br />

<strong>Foresight</strong> has implemented a conflicts of interest policy<br />

that identifies those circumstances that constitute, or may<br />

give rise to, conflicts of interest that pose a material risk<br />

of damage to Our customers. This policy also addresses<br />

the effective organisational <strong>and</strong> administrative<br />

<strong>Customer</strong> <strong>Agreement</strong><br />

arrangements that We maintain <strong>and</strong> operate to manage<br />

those conflicts. A copy of such policy is available on<br />

request. Your attention is drawn to clause 4.4.<br />

12. Dealing<br />

12.1 In accordance with the Applicable Rules, We have<br />

implemented an order execution policy which sets out the<br />

reasonable steps that We will take in order to obtain the<br />

best possible result for Our customers.<br />

12.2 <strong>Foresight</strong> ITS will execute trades outside a regulated<br />

exchange or multi-lateral trading facility. In signing an<br />

<strong>Application</strong> <strong>Form</strong>, You provide consent <strong>and</strong> authorise<br />

<strong>Foresight</strong> to execute such trades on Your behalf.<br />

12.3 We will act in good faith <strong>and</strong> with due diligence in Our<br />

choice <strong>and</strong> use of counterparties. All transactions will<br />

be effected in accordance with the rules <strong>and</strong> regulations<br />

of the relevant market, exchange or trading facility (if<br />

relevant), <strong>and</strong> We may take all such steps as may be<br />

required or permitted by such rules <strong>and</strong> regulations <strong>and</strong>/<br />

or by appropriate market practice.<br />

12.4 We may aggregate Your transactions with those of other<br />

customers <strong>and</strong> employees of Us <strong>and</strong> Our Affiliates in<br />

accordance with the Applicable Rules. It is likely that<br />

the effect of such an allocation will not work to Your<br />

disadvantage however, occasionally, this may not be the<br />

case. We will allocate aggregated transactions promptly<br />

on a fair basis in accordance with the requirements of the<br />

Applicable Rules (if applicable).<br />

13. Liability<br />

13.1 We will act in good faith <strong>and</strong> with due diligence in<br />

managing Your Portfolio in accordance with this<br />

<strong>Agreement</strong>. We accept responsibility for loss to You only<br />

to the extent that such loss is due to negligence or wilful<br />

default by Us or Our Affiliates. We will not be responsible<br />

for any losses to the extent arising from any information<br />

provided by You being untrue, inaccurate or incomplete.<br />

13.2 Should the Custodian fail to deliver any necessary<br />

documents or to account for any investments, We will<br />

take all reasonable steps on Your behalf to recover<br />

such documents or investments or any sums due<br />

or compensation in lieu thereof but save where the<br />

Custodian is Our Affiliate, <strong>and</strong> subject to Our general duty<br />

of good faith, no liability is accepted for such failure.<br />

13.3 Save as provided in the Applicable Rules if there is a total<br />

or partial failure, interruption or delay in the performance<br />

of Our obligations to the extent resulting from acts,<br />

events or circumstances not reasonably within Our<br />

control (including, but not limited to: acts or regulations<br />

of any governmental, regulatory or supranational bodies<br />

or authorities; breakdown, failure or malfunction of any<br />

telecommunications or computer service or services; <strong>and</strong><br />

acts of war, terrorism or civil unrest) We shall not be liable<br />

to You or in breach of this <strong>Agreement</strong>.<br />

FoReSIght INHERITANCE TAx SOLUTION<br />

04


<strong>Customer</strong> <strong>Agreement</strong><br />

13.4 Subject to clause 13.1, We shall not be liable for any loss<br />

or damage of any direct or indirect nature caused by<br />

changes in revenue law or practice as determined by HM<br />

Revenue & Customs from time to time.<br />

13.5 Nothing in clauses 13.1 to 13.4 shall limit any liability We<br />

may have to You under the terms of the Applicable Rules.<br />

13.6 No responsibility is accepted for loss of an indirect or<br />

consequential nature such as loss of goodwill, profit<br />

or opportunity.<br />

13.7 Nothing in this <strong>Agreement</strong> shall exclude or limit Our<br />

liability for fraud or fraudulent misrepresentation by Us or<br />

Our Affiliates or for death or personal injury.<br />

14. Withdrawals<br />

14.1 Any request for withdrawal of money or investments<br />

from Your Portfolio (including regular withdrawals <strong>and</strong><br />

facilitation of ongoing adviser charges) must be made in<br />

writing. Subject to availability of readily realisable funds,<br />

We will realise the cash sum required <strong>and</strong> pay the net sale<br />

proceeds over to You upon receipt of such proceeds by<br />

Us into Your nominated bank account. If We are required<br />

to effect a share buy back to generate realisable funds<br />

to enable a withdrawal request, or if there are a<br />

substantial number of withdrawal requests, there<br />

may be a considerable delay in paying out on the<br />

withdrawal request.<br />

14.2 We may deduct from funds payable to You (or at your<br />

direction) any fees, charges or sums due or payable to Us<br />

or any affiliates or any delegates.<br />

14.3 In exceptional circumstances such as a change in law or<br />

practice We may choose to satisfy withdrawal requests<br />

(including on termination) wholly or partly by the transfer<br />

of investments.<br />

15. Amendments<br />

We may amend the terms of this <strong>Agreement</strong> or Our<br />

arrangements with You by sending You written notice.<br />

Such changes shall take effect on the date specified in<br />

the notice being not less than 10 Business Days from the<br />

date of such notice unless the changes are for legal or<br />

regulatory reasons when such changes shall take effect<br />

on the date specified in the notice.<br />

16. termination<br />

16.1 You may terminate at any time by notice in writing to<br />

Us. <strong>Foresight</strong> may terminate this <strong>Agreement</strong> by giving<br />

You 30 days written notice. Where required to do so<br />

by applicable law or regulation or where it becomes<br />

impossible, impractical or unreasonable for Us to<br />

continue to manage Your Portfolio We may terminate this<br />

<strong>Agreement</strong> immediately by notice in writing. Termination<br />

will not affect accrued rights or any contractual provision<br />

intended to survive termination, in particular in relation to<br />

the liquidation <strong>and</strong>/or distribution of Your Portfolio.<br />

16.2 Following termination We will liquidate the investments in<br />

Your portfolio in an orderly fashion. The net proceeds of<br />

sale will be remitted to You after all deductions permitted<br />

by this <strong>Agreement</strong>.<br />

05 FoReSIght INHERITANCE TAx SOLUTION<br />

16.3 We reserve the right to settle outst<strong>and</strong>ing transactions for<br />

Your Portfolio at the effective date of termination.<br />

16.4 Where We are required to liquidate Your Portfolio, this<br />

may take place over an extended period of time as there<br />

may be limited liquidity for Your Portfolio’s investments.<br />

16.5 Subject to clause 16.3, termination will take effect on the<br />

date stated in the written notice of termination provided<br />

that date is no earlier than the date of receipt of the<br />

termination notice by <strong>Foresight</strong> or any later date agreed<br />

with You; <strong>and</strong> shall be without prejudice to the completion<br />

of transactions already initiated, which shall be completed<br />

in an orderly manner.<br />

16.6 On termination, You will be liable to pay (meaning that We<br />

may debit from Your Portfolio <strong>and</strong>/or any cash payable to<br />

you or, if there are insufficient funds, invoice You):<br />

16.6.1 all fees <strong>and</strong> other charges mentioned at clause 6, accrued<br />

<strong>and</strong> remaining outst<strong>and</strong>ing at the date of termination;<br />

16.6.2 any additional expenses necessarily incurred by Us<br />

in terminating this <strong>Agreement</strong> <strong>and</strong> winding up Your<br />

Portfolio; <strong>and</strong><br />

16.6.3 Our charges (if any) in connection with liquidating Your<br />

investments or transferring Your investments into<br />

Your name.<br />

16.7 On termination, We may retain <strong>and</strong>/or realise such<br />

investments as may be required to settle transactions<br />

already initiated <strong>and</strong> to pay Your outst<strong>and</strong>ing liabilities.<br />

If there is a dispute as to the payment of fees to Us,<br />

You may require the disputed amount to be held in an<br />

escrow account pending resolution of the dispute.<br />

16.8 Please note that if Qualifying Investments are sold<br />

You will lose any potential entitlement to BPR unless<br />

the sale proceeds are re-invested into other relevant<br />

business property <strong>and</strong> HM Revenue & Customs accepts<br />

that the new Qualifying Investments have replaced<br />

the old Qualifying Investments within the meaning of<br />

section 107 Inheritance Tax Act 1984.<br />

16.9 We will endeavour to liquidate all investments<br />

comprising Your Portfolio within a reasonable time,<br />

but given the nature of the investments no liability is<br />

accepted in respect of any delays. You acknowledge that<br />

in the event of any material change to the legislation<br />

governing Qualifying Investments, the liquidation of<br />

investments may take a considerable period of time.<br />

16.10 We will provide You with a closing valuation of the<br />

Portfolio prepared in the manner described above once<br />

all outst<strong>and</strong>ing transactions have been accounted for<br />

<strong>and</strong> from which point Our management responsibility<br />

for the Portfolio will cease entirely.<br />

17. Data Protection<br />

17.1 We are registered under the Data Protection Act 1998<br />

<strong>and</strong> the Data Protection (Bailiwick of Guernsey) Law<br />

2001, <strong>and</strong> as such may keep records in which Your name<br />

<strong>and</strong> certain personal information will be stored. Certain<br />

information may be shared with Affiliates <strong>and</strong>/or the<br />

Custodian <strong>and</strong>/or the Approved Bank in connection<br />

with the <strong>Foresight</strong> ITS or for administrative reasons.


We may also share some or all of Your information<br />

with regulatory bodies if We are required to do so<br />

in accordance with Applicable Rules, <strong>and</strong> with other<br />

governmental, judicial, law enforcement bodies if<br />

required to do so.<br />

You consent to Us keeping You informed by mail or<br />

telephone of other services <strong>and</strong> products which We<br />

<strong>and</strong> Our Affiliates may from time to time consider of<br />

interest to You.<br />

17.2 You have the right, upon payment of a reasonable fee,<br />

to receive a copy of the information that <strong>Foresight</strong> holds<br />

about You to the extent that it constitutes personal<br />

information. For more details, please write to the<br />

Compliance Officer.<br />

18. Risk Warnings <strong>and</strong> Further Disclosures<br />

18.1 Your attention is drawn to the risk warnings set out in<br />

the Investor Guide.<br />

18.2 The value of investments <strong>and</strong> the income derived from<br />

them may go down as well as up <strong>and</strong> You may not get<br />

back some or the entire amount invested. Due to the<br />

nature of tax reliefs available under <strong>Foresight</strong> ITS, an<br />

investment in <strong>Foresight</strong> ITS is not suitable as a short term<br />

investment <strong>and</strong> should be held for at least two years.<br />

18.3 No monies shall be borrowed nor securities (or similar<br />

transactions) granted or entered into for the account of<br />

Your Portfolio.<br />

18.4 Subject to clause 16.6, there is no requirement for<br />

additional monies to be called upon for addition to<br />

Your Portfolio.<br />

18.5 No investments in warrants, in units in collective<br />

investment schemes or in derivatives of any sort shall<br />

be made in any Portfolio.<br />

19. Complaints Procedure <strong>and</strong> Compensation<br />

19.1 If You have a complaint, You can contact Us via<br />

phone, email or in writing. We will investigate the<br />

circumstances <strong>and</strong> report back to You. A copy of Our<br />

complaints h<strong>and</strong>ling procedure is available on request.<br />

19.2 <strong>Foresight</strong> <strong>Group</strong> LLP, which has published the<br />

Investor Guide, is covered by the Financial Services<br />

Compensation Scheme. <strong>Foresight</strong>, which is Your<br />

investment manager, is not covered.<br />

20. general<br />

20.1 We may assign the benefit of this <strong>Agreement</strong> to any<br />

appropriately authorised <strong>and</strong> regulated person, such<br />

assignment being effective upon written notice to You.<br />

This <strong>Agreement</strong> is personal to You <strong>and</strong> You may not<br />

assign it.<br />

20.2 This <strong>Agreement</strong> constitutes the entire agreement<br />

between Us in respect of Your Portfolio <strong>and</strong> the<br />

<strong>Foresight</strong> ITS <strong>and</strong> supercedes any other or previous<br />

terms <strong>and</strong> conditions. Save as provided in clause 15. Any<br />

amendment to this <strong>Agreement</strong> shall be effective only if<br />

made in writing <strong>and</strong> agreed by both parties.<br />

<strong>Customer</strong> <strong>Agreement</strong><br />

20.3 It is not intended that any term contained in this<br />

<strong>Agreement</strong> shall be enforceable, whether by virtue<br />

of the Contracts (Rights of Third Parties) Act 1999,<br />

common law or otherwise, by any person who is not<br />

a party to this <strong>Agreement</strong> save that any Affiliate shall<br />

have the benefit of any provision of this <strong>Agreement</strong><br />

expressed to be for the benefit of Affiliates.<br />

20.4 If any part of the wording of this <strong>Agreement</strong> shall<br />

become or is declared to be illegal, invalid or<br />

unenforceable for any reason, such part or wording<br />

shall be deleted <strong>and</strong> shall be divisible from the rest of<br />

the <strong>Agreement</strong>, which will continue in force.<br />

20.5 The failure of <strong>Foresight</strong> or its Affiliates to exercise or<br />

delay in exercising a right or remedy provided by this<br />

<strong>Agreement</strong> or by law does not constitute a waiver of the<br />

right or remedy or a waiver of other rights or remedies.<br />

20.6 Any notice under or relating to this <strong>Agreement</strong> shall be<br />

in writing. We may send any communication to You at<br />

the address which You provide to Us in the <strong>Application</strong><br />

<strong>Form</strong> (or to any provided postal address or email<br />

address). You must communicate with Us at <strong>Foresight</strong><br />

<strong>Group</strong> CI Ltd., PO Box 156, La Plaiderie House, La<br />

Plaiderie, St Peter Port, Guernsey, GY1 4EU. Notice<br />

sent by first class post to such address is deemed to<br />

have arrived on the second Business Day after posting.<br />

Notice sent by fax or email or h<strong>and</strong>-delivered is deemed<br />

to be delivered immediately (or on the next Business<br />

Day if sent after 5pm on a Business Day or on a non-<br />

Business Day). Our telephone number is 01732 471800.<br />

Telephone calls may be recorded or monitored for Our<br />

mutual protection.<br />

20.7 This <strong>Agreement</strong> shall be governed by <strong>and</strong> construed<br />

in all respects in accordance with English law <strong>and</strong> You<br />

hereby submit to the exclusive jurisdiction of the English<br />

Courts in relation to any disputes arising out of or in<br />

connection with this <strong>Agreement</strong>.<br />

20.8 This <strong>Customer</strong> <strong>Agreement</strong> is supplied in English, <strong>and</strong> We<br />

will only be required to communicate in English during<br />

the course of our relationship with You.<br />

20.9 Where You comprise more than one person at any time<br />

We may rely upon any notice from any one of such<br />

persons on behalf of You <strong>and</strong> any waiver or agreement<br />

with any one of such persons shall be binding upon You.<br />

FoReSIght INHERITANCE TAx SOLUTION<br />

06


<strong>Application</strong> Procedures<br />

<strong>Foresight</strong> Inheritance Tax Solution<br />

Section 1<br />

Please insert your full name(s), permanent address, daytime <strong>and</strong><br />

evening telephone numbers, date(s) of birth, National Insurance<br />

number(s) <strong>and</strong> email address(es).<br />

Section 2<br />

Please indicate how you would like us to communicate with you.<br />

If you do not indicate a preference We may use email or post.<br />

Section 3<br />

Please note that the minimum investment is £25,000. Attach<br />

your cheque or bankers’ draft to the <strong>Application</strong> <strong>Form</strong> for the<br />

total amount of your investment. Alternatively, you can make<br />

your investment via bank transfer.<br />

Please make cheques payable to FSG CI LTD re FIHT Client<br />

Account <strong>and</strong> crossed ‘A/C Payee only’. Cheques must be from<br />

a recognised UK Bank or Building Society account <strong>and</strong> your<br />

payment must relate solely to this application.<br />

Bank transfers should be paid to:<br />

Sort code: 60 - 91 - 65 A/c no: 10503793<br />

A/c Name: FSG CI LTD re FIHT Client Account<br />

Bank: ABN AMRO (Guernsey) Limited<br />

SWIFT: MEESGGSPxxx<br />

IBAN: GB50MEES60916550379301<br />

Please reference bank transfers with your surname<br />

<strong>and</strong> initials.<br />

Section 4<br />

Please confirm whether you would like to draw down a fixed<br />

percentage of your initial investment every year as income or<br />

retain returns within the investment (growth option).<br />

Section 5<br />

If you are acting as Power of Attorney (POA), please include<br />

a certified copy of the Power of Attorney document <strong>and</strong><br />

verification of identity documents for each POA with this<br />

application, <strong>and</strong> indicate where correspondence should be sent.<br />

Section 6 (Section 5 for Trustees)<br />

Complete section 6 with details of any charges that you have<br />

agreed with your authorised financial adviser <strong>and</strong> that you wish<br />

<strong>Foresight</strong> to facilitate.<br />

Section 7 (Section 6 for Trustees)<br />

Read the declaration, sign <strong>and</strong> date the <strong>Application</strong> <strong>Form</strong> <strong>and</strong><br />

attach the verification documents as set out in the checklist below.<br />

Please send your completed <strong>Application</strong> <strong>Form</strong>, together with your<br />

cheque or bankers’ draft to <strong>Foresight</strong> <strong>Group</strong> CI Limited, PO Box<br />

156, La Plaiderie House, La Plaiderie, St Peter Port, Guernsey,<br />

GY1 4EU. If you have any questions on how to complete the<br />

<strong>Application</strong> <strong>Form</strong> please contact <strong>Foresight</strong> on 01732 471800.<br />

IFA Certificate<br />

Financial Advisers authorised by the FSA must complete the IFA<br />

Certificate.<br />

07 FoReSIght INHERITANCE TAx SOLUTION<br />

Who can apply<br />

You can only apply if your financial adviser has certified that<br />

participation in the <strong>Foresight</strong> ITS meets your objectives, you<br />

have the expertise, experience <strong>and</strong> knowledge to underst<strong>and</strong><br />

the risks <strong>and</strong> that you are able to bear the associated risk<br />

involved in participating in <strong>Foresight</strong> ITS<br />

Financial Advice, Assessment <strong>and</strong> <strong>Customer</strong> Due<br />

Diligence Procedures<br />

You must arrange for a financial adviser authorised by the<br />

Financial Services Authority to carry out<br />

(i) an assessment that you are capable of making your own<br />

investment decisions <strong>and</strong> underst<strong>and</strong> the risks involved in<br />

participation in the <strong>Foresight</strong> ITS <strong>and</strong><br />

(ii) the customer due diligence procedures required by<br />

the Money Laundering Regulations 2007 within the<br />

guidance for the UK Financial Sector issued by the Joint<br />

Money Laundering Steering <strong>Group</strong> or the Criminal Justice<br />

(Proceeds of Crime) (Financial Services Businesses )<br />

(Bailiwick of Guernsey) Regulations.<br />

<strong>Application</strong> Checklist<br />

Please make sure that:<br />

– All parts of the <strong>Application</strong> <strong>Form</strong> are complete<br />

– The <strong>Application</strong> <strong>Form</strong> is signed <strong>and</strong> dated<br />

– The IFA Certificate is signed <strong>and</strong> dated<br />

– Payment has been arranged or a cheque/bankers draft<br />

attached to the <strong>Application</strong> <strong>Form</strong><br />

– If acting as a POA, a certified copy of the POA is attached<br />

– All of the above is sent to: <strong>Foresight</strong> <strong>Group</strong> CI Limited,<br />

PO Box 156, La Plaiderie House, La Plaiderie,<br />

St Peter Port, Guernsey, GY1 4EU<br />

Certification Guidelines<br />

By “CERTIFIED COPIES” we mean that the copy documents<br />

requested must be certified by a person such as a solicitor/<br />

notary public/accountant/banker/local police officer or other<br />

professional person. Documents cannot be certified by the<br />

Applicant. The person certifying the copy document must<br />

(i) mark the copy document as “a true <strong>and</strong> exact copy of the<br />

original, which I have seen” <strong>and</strong><br />

(ii) where the document concerned contains a photo as proof of<br />

identity, confirm that “the photograph is a true likeness of the<br />

person named in the document”, <strong>and</strong><br />

(iii) sign <strong>and</strong> date the copy document, stating in what capacity<br />

they are acting.<br />

<strong>Application</strong>s not accepted<br />

If any application is not accepted, the amount paid on<br />

application will be returned to the applicant, without interest,<br />

<strong>and</strong> less any charges incurred in returning such monies.<br />

<strong>Foresight</strong> reserves the right to obtain additional information either at the point of the application or during the lifetime of<br />

the investment in order to comply with The Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of<br />

Guernsey) Regulations <strong>and</strong> amendments thereto.


<strong>Application</strong> <strong>Form</strong> - Individuals<br />

<strong>Foresight</strong> Inheritance Tax Solution<br />

Before completing this form please read the Investor Guide marked ‘March 2013’, <strong>and</strong> the <strong>Customer</strong><br />

<strong>Agreement</strong> & <strong>Application</strong> <strong>Form</strong>. For queries, please call 01732 471812<br />

SECTION 1 PERSONAL DETAILS<br />

Applicant 1.<br />

Title Mr/Mrs/Miss/Dr/Other: Date of Birth:<br />

Forenames: National Insurance No:<br />

Surname: Email:<br />

Applicant 2. (For joint applications only)<br />

Title Mr/Mrs/Miss/Dr/Other: Date of Birth:<br />

Forenames: National Insurance No:<br />

Surname: Email:<br />

Address: Tel No (Day):<br />

SECTION 2 INVESTOR SERVICES (PLEASE TICK)<br />

How would you like to be updated about your investment? q Email or q Post<br />

SECTION 3 YOUR INVESTMENT<br />

Investment Amount (minimum £25,000) £<br />

q I/we enclose a cheque or bankers’ draft drawn on a UK clearing bank or building society, made payable to ‘FSG CI LTD re FIHT<br />

Client Account’, or<br />

q I/we have transferred the above funds via BACS/CHAPS into the <strong>Foresight</strong> ITS bank account referenced with my name.<br />

SECTION 4 REGULAR WITHDRAWALS (AVAILABLE AFTER 12 MONTHS)<br />

q I/we would like the returns to remain within the investment (growth option) or<br />

q I/we would like to make cash withdrawals of % of the amount invested by me/us each year<br />

I/we would like cash withdrawals paid: q Monthly q Quarterly q Semi Annual q Annual<br />

Please nominate a bank account where you would like this to be paid.<br />

Account Name: Bank/Building Society:<br />

Address:<br />

Tel No (Evening):<br />

Post Code: q I am/we are existing investor(s) with <strong>Foresight</strong> <strong>Group</strong><br />

Post Code:<br />

Sort Code: – – Account Number


SECTION 7<br />

<strong>Application</strong> <strong>Form</strong><br />

<strong>Foresight</strong> Inheritance Tax Solution<br />

SECTION 5 POWERS OF ATTORNEY (POA)<br />

For Powers of Attorney (POA) please send correspondence to: q Investor q POA q Both Investor <strong>and</strong> POA<br />

Please note, if you are acting as POA, please include a certified copy of the Power of Attorney document. Please note,<br />

<strong>Foresight</strong> will need to verify the identity of all POAs who sign this form for money laundering purposes <strong>and</strong> may run<br />

credit checks to do so.<br />

Please insert address of POA:<br />

SECTION 6<br />

Details of agreed adviser charges to be facilitated<br />

Amount of upfront charges Amount of ongoing charges No of years ongoing charges are payable<br />

Fixed Amount £ Fixed Amount £ Yrs<br />

Percentage % Percentage % Yrs<br />

If you request us to facilitate charges on a percentage basis, any initial charges will be calculated as a percentage of the<br />

monies You invest in the <strong>Foresight</strong> ITS <strong>and</strong> ongoing charges will be calculated as a percentage of the value of Your Portfolio<br />

for the time being.<br />

If this form is completed <strong>and</strong> signed by the investor named in Section 1:<br />

i. I/we confirm I/we wish to invest the amount shown in box v. I/we confirm I am/we are applying on my/our own behalf;<br />

3 in the <strong>Foresight</strong> ITS:<br />

vi. I/we request that <strong>Foresight</strong> makes facilitation payments<br />

ii. I/we confirm I/we have read <strong>and</strong> understood the Investor<br />

Guide marked ‘March 2013’ on the front cover <strong>and</strong> the<br />

risk factors set out in it;<br />

in respect of the charges set out in section 6 above,<br />

as detailed in the Investor Guide <strong>and</strong> this <strong>Customer</strong><br />

<strong>Agreement</strong>, to the IFA identified in the IFA Certificate<br />

accompanying this <strong>Application</strong> <strong>Form</strong>.<br />

iii. I/we confirm I/we have read <strong>and</strong> understood the <strong>Customer</strong><br />

<strong>Agreement</strong> <strong>and</strong> agree to be bound by the terms &<br />

conditions set out within it;<br />

iv. I/we confirm I/we have read <strong>and</strong> understood the<br />

investment objectives of <strong>Foresight</strong> ITS;<br />

Signature of Applicant 1. Date<br />

Signature of Applicant 2. Date<br />

Post Code:<br />

In the case of a POA by signing this form on behalf of the<br />

individual(s) whose details are shown above, I/we make a<br />

declaration (on behalf of such individual) on the terms of<br />

sub-paragraphs i. to vi. above.<br />

Please send the completed <strong>Application</strong> <strong>Form</strong>, together with your cheque or bankers’ draft to <strong>Foresight</strong> <strong>Group</strong> CI Limited.<br />

PO Box 156, La Plaiderie House, La Plaiderie, St Peter Port, Guernsey, GY1 4EU<br />

Data protection :<br />

<strong>Foresight</strong> <strong>Group</strong> CI Limited or its subsidiaries or such other members of the <strong>Foresight</strong> <strong>Group</strong> who have been appointed or<br />

delegated to provide services in relation to <strong>Foresight</strong> ITS will use the information you give for administration, research <strong>and</strong><br />

statistical purposes. Information provided by you will be held in confidence by <strong>Foresight</strong> <strong>Group</strong> CI Limited or its subsidiaries <strong>and</strong><br />

will not be passed on to other product or service companies. Your details may be used by <strong>Foresight</strong> <strong>Group</strong> CI Limited<br />

or its subsidiaries to send you information on other products <strong>and</strong> services. If you would prefer not to receive such information,<br />

please tick this box. q


<strong>Application</strong> <strong>Form</strong> - Trustees<br />

<strong>Foresight</strong> Inheritance Tax Solution<br />

Before completing this form please read the Investor Guide marked ‘March 2013’, <strong>and</strong> the <strong>Customer</strong> <strong>Agreement</strong> &<br />

<strong>Application</strong> <strong>Form</strong>. For queries, please call 01732 471812<br />

SECTION 1 IF THE APPLICATION IS BY A TRUST, PLEASE PROVIDE THE FOLLOWING INFORMATION<br />

Full Name: Country of establishment:<br />

Nature <strong>and</strong> purpose of the trust (e.g. discretionary, testamentary, bare):<br />

Names of all trustees:<br />

Name <strong>and</strong> address of any protector or controller:<br />

SECTION 2 INVESTOR SERVICES (PLEASE TICK)<br />

How would you like to be updated about your investment? q Email or q Post<br />

SECTION 3 YOUR INVESTMENT<br />

Investment Amount (minimum £25,000) £<br />

q I enclose a cheque or bankers’ draft drawn on a UK clearing bank or building society, made payable to ‘FSG CI LTD re FIHT<br />

Client Account’, or<br />

q I have transferred the above funds via BACS/CHAPS into the <strong>Foresight</strong> ITS bank account referenced with my name.<br />

SECTION 4 REGULAR WITHDRAWALS (AVAILABLE AFTER 12 MONTHS)<br />

q I would like the returns to remain within the investment (growth option) or<br />

q I would like to draw down cash withdrawals of % of the amount invested by us each year<br />

I would like cash withdrawals paid: q Monthly q Quarterly q Semi Annual q Annual<br />

Please nominate a bank account where you would like this to be paid.<br />

Account Name: Bank/Building Society:<br />

Address:<br />

Post Code:<br />

If the trustees are regulated in the UK, please state the name of the regulator: (Otherwise please provide a Certified Copy of the trust deed)<br />

Signature:<br />

Post Code:<br />

Sort Code: – – Account Number


SECTION 5<br />

SECTION 6<br />

<strong>Application</strong> <strong>Form</strong><br />

<strong>Foresight</strong> Inheritance Tax Solution<br />

Details of agreed adviser charges to be facilitated<br />

Amount of upfront charges Amount of ongoing charges No of years ongoing charges are payable<br />

Fixed Amount £ Fixed Amount £ Yrs<br />

Percentage % Percentage % Yrs<br />

If you request us to facilitate charges on a percentage basis, any initial charges will be calculated as a percentage of the<br />

monies You invest in the <strong>Foresight</strong> ITS <strong>and</strong> ongoing charges will be calculated as a percentage of the value of Your Portfolio<br />

for the time being.<br />

If this form is completed <strong>and</strong> signed by the investor named in Section 1:<br />

i. I confirm I wish to invest the amount shown in box 3 in v. I confirm I am applying on my own behalf;<br />

the <strong>Foresight</strong> ITS:<br />

vi. I request that <strong>Foresight</strong> makes facilitation payments<br />

ii. I confirm I have read <strong>and</strong> understood the Investor Guide<br />

marked ‘March 2013’ on the front cover <strong>and</strong> the risk<br />

factors set out in it;<br />

in respect of the charges set out in section 5 above,<br />

as detailed in the Investor Guide <strong>and</strong> this <strong>Customer</strong><br />

<strong>Agreement</strong>, to the IFA identified in the IFA Certificate<br />

accompanying this <strong>Application</strong> <strong>Form</strong>.<br />

iii. I confirm I have read <strong>and</strong> understood the <strong>Customer</strong><br />

<strong>Agreement</strong> <strong>and</strong> agree to be bound by the terms &<br />

conditions set out within it;<br />

iv. I confirm I have read <strong>and</strong> understood the investment<br />

objectives of <strong>Foresight</strong> ITS;<br />

Signature(s) of trustee(s) Date<br />

In the case of a POA by signing this form on behalf of<br />

the individual(s) whose details are shown above, I make a<br />

declaration (on behalf of such individual) on the terms of<br />

sub-paragraphs i. to vi. above.<br />

Please send the completed <strong>Application</strong> <strong>Form</strong>, together with your cheque or bankers’ draft to <strong>Foresight</strong> <strong>Group</strong> CI Limited.<br />

PO Box 156, La Plaiderie House, La Plaiderie, St Peter Port, Guernsey, GY1 4EU<br />

Data protection :<br />

<strong>Foresight</strong> <strong>Group</strong> CI Limited or its subsidiaries or such other members of the <strong>Foresight</strong> <strong>Group</strong> who have been appointed or<br />

delegated to provide services in relation to <strong>Foresight</strong> ITS will use the information you give for administration, research <strong>and</strong><br />

statistical purposes. Information provided by you will be held in confidence by <strong>Foresight</strong> <strong>Group</strong> CI Limited or its subsidiaries <strong>and</strong><br />

will not be passed on to other product or service companies. Your details may be used by <strong>Foresight</strong> <strong>Group</strong> CI Limited<br />

or its subsidiaries to send you information on other products <strong>and</strong> services. If you would prefer not to receive such information,<br />

please tick this box. q


<strong>Application</strong> <strong>Form</strong> - IFA Certificate<br />

<strong>Foresight</strong> Inheritance Tax Solution<br />

TO BE COMPLETED BY YOUR FINANCIAL ADVISER<br />

WE CERTIFY TO FORESIGHT GROUP CI LIMITED IN THE TERMS OF PARAGRAPHS 1 TO 4 BELOW IN<br />

RELATION TO THE APPLICANT(S) SET OUT IN THE ATTACHED APPLICATION FORM (“INVESTOR”):<br />

1. We have undertaken an adequate assessment of the Investor’s expertise, experience <strong>and</strong> knowledge <strong>and</strong> certify that, in the<br />

light of the nature of the transactions or services envisaged, that an investment in the <strong>Foresight</strong> ITS is suitable for them.<br />

2. We have applied customer due diligence measures on a risk-sensitive basis in respect of the Investor to the st<strong>and</strong>ard<br />

required by The Money Laundering Regulations 2007 within the guidance for the UK Financial Sector issued by the Joint<br />

Money Laundering Steering <strong>Group</strong> or by the Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick<br />

of Guernsey) Regulations <strong>and</strong> we certify that we have:<br />

(a) identified <strong>and</strong> verified the identity of the Investor on the basis of documents, data <strong>and</strong> information obtained from a<br />

reliable <strong>and</strong> independent source;<br />

(b) we have obtained information on the Investor’s occupation <strong>and</strong> the source of funds to be used for the Investor’s<br />

proposed investment in the <strong>Foresight</strong> ITS;<br />

(c) identified, where there is a beneficial owner who is not the Investor, the beneficial owner <strong>and</strong> have taken adequate<br />

measures, on the basis of documents, data <strong>and</strong> information obtained from a reliable <strong>and</strong> independent source, to verify his<br />

identity so that we know who the beneficial owner is, including, in the case of a legal person, trust or similar arrangement,<br />

measures to underst<strong>and</strong> the ownership <strong>and</strong> control structure of the person, trust or arrangement <strong>and</strong> the identity of the<br />

beneficial owner <strong>and</strong> details of the ownership <strong>and</strong> control structure are set out in the Schedule hereto; <strong>and</strong><br />

(d) obtained information on the purpose <strong>and</strong> intended nature of the Investor’s proposed investment in the <strong>Foresight</strong> ITS, as<br />

the case may be, which information is set out in the Schedule hereto.<br />

3. We underst<strong>and</strong> that the Receiving Agent has obligations under the Criminal Justice (Proceeds of Crime) (Financial Services<br />

Businesses) (Bailiwick of Guernsey) Regulations, <strong>and</strong> will cooperate with the Receiving Agent in the event of a request<br />

for copies of the due diligence materials we hold in respect of the Investor, <strong>and</strong> that we will provide the same within two<br />

business days of a request (see notes below). We acknowledge <strong>and</strong> agree that such request may cause us to request<br />

additional information from the Investor, <strong>and</strong> that the Receiving Agent reserves the right to contact the Investor directly<br />

in the event that all information is not provided within the above timeframe. We confirm that both we <strong>and</strong> the Investor<br />

are aware of <strong>and</strong> underst<strong>and</strong> that failure to provide the information requested may cause the Receiving Agent to reject<br />

the application.<br />

4. At any time during the life of the Investor’s investment in the <strong>Foresight</strong> ITS, we will advise the Receiving Agent immediately<br />

should our relationship with the Investor terminate. We will promptly notify <strong>Foresight</strong> if we advise the Investor in relation to<br />

a Retail Investment Product or we otherwise cease to be entitled to receive ongoing adviser charges facilitated by <strong>Foresight</strong><br />

<strong>and</strong> <strong>Foresight</strong> shall be entitled to cease to facilitate adviser charges to us.<br />

Notes:<br />

1. The Receiving Agent’s obligation under the Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick<br />

of Guernsey) Regulations extends from the point of receipt of an application to through to the point that participation in<br />

the Fund is terminated. It must be noted that one or more requests for due diligence information may be made at any time<br />

during that period.<br />

2. In the event the Receiving Agent requests information from an IFA in respect of an Investor, such request will be made in<br />

accordance with the Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey) Regulations<br />

(<strong>and</strong> any amendment made thereto). Where the information obtained by an IFA in compliance with The Money Laundering<br />

Regulations 2007 within the guidance for the UK Financial Sector issued by the Joint Money Laundering Steering <strong>Group</strong> is<br />

insufficient to meet the needs of the Receiving Agent, the IFA will be required to obtain the additional information.


<strong>Application</strong> <strong>Form</strong> - IFA Certificate<br />

<strong>Foresight</strong> Inheritance Tax Solution<br />

Email:<br />

WE CONSENT TO FORESIGHT GROUP CI LIMITED RELYING ON THIS CERTIFICATE<br />

Firm Name: Contact Name:<br />

Address:<br />

Telephone: Fax:<br />

Email:<br />

Signature: Date:<br />

PLEASE COMPLETE:<br />

We have applied customer due diligence measures on a risk-sensitive basis in respect of the Investor to the st<strong>and</strong>ard required<br />

by The Money Laundering Regulations 2007 within the guidance for the UK Financial Sector issued by the Joint Money<br />

Laundering Steering <strong>Group</strong> or by the Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of<br />

Guernsey) Regulations <strong>and</strong> we certify that we have identified that the beneficial owner is:<br />

<strong>and</strong> (in the case of a legal person, trust or similar arrangement), the ownership <strong>and</strong> control structure of the person, trust or<br />

arrangement is:<br />

The purpose of the investment is:<br />

SPECIAL INSTRUCTIONS / NOTES:<br />

Post Code:<br />

Please provide details of your bank account so that any agreed adviser charges facilitated by <strong>Foresight</strong> can be paid to you<br />

via BACS<br />

Account Name: Bank/Building Society:<br />

Sort Code: – – Account Number<br />

By submitting this application form:<br />

i. I agree that I have read <strong>and</strong> understood the <strong>Foresight</strong><br />

<strong>Group</strong> Terms of Business for Authorised Financial<br />

Intermediaries <strong>and</strong> that I agree to be bound by such<br />

Terms of Business<br />

ii. To the extent I am an Appointed Representative,<br />

I warrant <strong>and</strong> represent that my principal has also<br />

accepted the <strong>Foresight</strong> <strong>Group</strong> Terms of Business for<br />

Authorised Financial Intermediaries


Definitions<br />

In the <strong>Customer</strong> <strong>Agreement</strong> <strong>and</strong> the <strong>Application</strong> <strong>Form</strong> <strong>and</strong> <strong>Application</strong><br />

Procedures the following defined words <strong>and</strong> phrases are used:<br />

“Affiliate” Any body corporate or entity directly or indirectly controlled by <strong>Foresight</strong> <strong>and</strong> any member or<br />

director thereof;<br />

“<strong>Agreement</strong>” The <strong>Customer</strong> <strong>Agreement</strong> <strong>and</strong> the <strong>Application</strong> <strong>Form</strong> completed by You <strong>and</strong> any relevant sections<br />

of the <strong>Foresight</strong> ITS Investor Guide as mentioned in the body of this <strong>Customer</strong> <strong>Agreement</strong>;<br />

“Applicable Rules” The Licensees (Conduct of Business) Rules 2009 as issued by the Guernsey Financial<br />

Services Commission;<br />

“<strong>Application</strong> <strong>Form</strong>” The <strong>Application</strong> <strong>Form</strong> approved by <strong>Foresight</strong> as an application form for the <strong>Foresight</strong> ITS;<br />

“Approved Bank” ABN AMRO (Guernsey) Limited, or such other bank appointed by Us to hold client money in<br />

accordance with the Applicable Rules;<br />

“BPR” Business Property Relief within the meaning of section 105 of the Inheritance Tax Act 1984;<br />

“Business Day” Any day (other than a Saturday or Sunday) on which banks in London <strong>and</strong> Guernsey are open<br />

for business;<br />

“<strong>Customer</strong> <strong>Agreement</strong>” The <strong>Foresight</strong> ITS <strong>Customer</strong> <strong>Agreement</strong> in the form in force at the time that You enter into an<br />

<strong>Agreement</strong> with Us;<br />

“Custodian” Any entity (which may be an Affiliate or a third party), whom we appoint to carry out safe<br />

custody services in relation to investments in Your Portfolio;<br />

“<strong>Foresight</strong>”, “Us”, <strong>Foresight</strong> <strong>Group</strong> CI Limited, a company registered in Guernsey under company number 51471<br />

“We” or “our” <strong>and</strong> licensed to carry out controlled investment business by the Guernsey Financial Services<br />

Commission, with its registered office at La Plaiderie House, La Plaiderie, St Peter Port,<br />

Guernsey GY1 1WF;<br />

“<strong>Foresight</strong> group” <strong>Foresight</strong> <strong>and</strong> its Affiliates for the time being;<br />

“<strong>Foresight</strong> ItS” The <strong>Foresight</strong> Inheritance Tax Solution, as described in the Investor Guide;<br />

“Iht” Inheritance Tax<br />

”Investor guide” The <strong>Foresight</strong> ITS investor guide published by <strong>Foresight</strong> <strong>Group</strong> LLP on behalf of <strong>Foresight</strong> <strong>and</strong> in<br />

force at the time that You enter into an <strong>Agreement</strong> with Us;<br />

“Money Laundering Regulations” The Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey)<br />

Regulations, 2007 <strong>and</strong> the H<strong>and</strong>book for Financial Services Businesses on Countering Financial<br />

Crime <strong>and</strong> Terrorist Financing issued from time to time by the Guernsey Financial Services<br />

Commission <strong>and</strong> all similar statutes, laws, rules or regulations in Guernsey <strong>and</strong> in any other<br />

jurisdiction;<br />

“Portfolio” Your portfolio of investments (including any uninvested cash) within the <strong>Foresight</strong> ITS which are<br />

managed in accordance with the investment policy as described in the Investor Guide;<br />

“Qualifying Investment” Shares which qualify as relevant business property for the purposes of section 105 of the<br />

Inheritance Tax Act 1984; <strong>and</strong><br />

“You or Your” References to ‘You’, ‘Your’ shall be in respect of You, the investor, or Your executors,<br />

if applicable.<br />

References to statutes, Applicable Rules <strong>and</strong> any other rules or regulations shall be taken to<br />

include any amendment re-enactment or regulations made thereunder for the time being.<br />

FoReSIght INHERITANCE TAx SOLUTIONS<br />

12


IMPORTANT INFORMATION<br />

Your attention is drawn to the risk factors set out on page 10 of the accompanying Investor Guide dated March 2013. The service<br />

illustrated within this promotion is provided by <strong>Foresight</strong> <strong>Group</strong> CI Limited, a Guernsey based entity. Should you decide to proceed,<br />

your agreement <strong>and</strong> any provision of services will be between you <strong>and</strong> <strong>Foresight</strong> <strong>Group</strong> CI Limited. Nothing in this document should<br />

be regarded as constituting legal, taxation, investment or other advice <strong>and</strong> prospective investors are advised to consult their own<br />

professional advisers before contemplating any investment. Any decision to invest in this product should be made on the basis<br />

of the information contained in this guide. For further information on our terms of business, please see the <strong>Customer</strong> <strong>Agreement</strong>.<br />

Any reference to tax laws or levels in this document is subject to change. Past performance is not a guide to future performance <strong>and</strong> may<br />

not be repeated. The value of shares can go down as well as up <strong>and</strong> you may not get back the full amount invested. You should consider<br />

an investment in this product as a long term investment. This document does not constitute <strong>and</strong> may not be used for the purposes<br />

of an offer or invitation to any person in any jurisdiction outside the United Kingdom. This document <strong>and</strong> the information contained<br />

in it are not for publication or distribution to persons outside the United Kingdom. This promotion does not constitute a public offering<br />

in the UK. <strong>Foresight</strong> has taken all reasonable care to ensure that all the facts stated in this document are true <strong>and</strong> accurate in<br />

all material respects <strong>and</strong> that there are no other material facts or opinions which have been omitted where the omission of such would<br />

render this document misleading. The information in this document was produced in March 2013 <strong>and</strong> may not be current.<br />

<strong>Foresight</strong> group<br />

<strong>Foresight</strong> <strong>Group</strong> CI Ltd.<br />

La Plaiderie House,<br />

La Plaiderie,<br />

St Peter Port,<br />

Guernsey, GY1 1WF<br />

www.foresightgroup.eu<br />

This publication is printed on paper sourced from certified sustainable forests.<br />

Designed <strong>and</strong> produced by Fat Media.

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