Customer Agreement and Application Form - Foresight Group
Customer Agreement and Application Form - Foresight Group
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.