AXA WORLD FUNDS A LUXEMBOURG INVESTMENT FUND ...

AXA WORLD FUNDS A LUXEMBOURG INVESTMENT FUND ... AXA WORLD FUNDS A LUXEMBOURG INVESTMENT FUND ...

web.wcc.axa.be
from web.wcc.axa.be More from this publisher
15.12.2012 Views

In particular, the data supplied by Shareholders is processed for the purpose of (i) maintaining the register of Shareholders, (ii) processing subscriptions, redemptions and conversions of Shares and payments of dividends to Shareholders, (iii) performing controls on late trading and market timing practices, (iv) complying with applicable antimoney laundering rules. The Company can delegate to another entity (the “Processors”) (the Administrative Agent, the Registrar Agent and the Management Company) the processing of the Personal Data, in compliance and within the limits of the applicable laws and regulations. Each Shareholder has a right to access his/her/its Personal Data and may ask for a rectification thereof in cases where such data is inaccurate and incomplete. In relation thereto, the Shareholder can ask for a rectification by letter addressed to the Company. The Shareholder has a right of opposition regarding the use of its Personal Data for marketing purposes. This opposition can be made by letter addressed to the Company. The Shareholder's personal data shall not be held for longer than necessary with regard to the purpose of data processing observing legal periods of limitation. Shareholders XV - TAXATION Shareholders and prospective Shareholders should consult their professional advisers on the consequences of acquiring, holding, redeeming, transferring, selling or converting Shares under the relevant laws of the jurisdictions to which they are subject, including any exchange control requirements. These consequences (including the availability of, and the value of tax relief to Shareholders) will vary with the law and practice of the relevant country of citizenship, residence, domicile or incorporation and with the personal circumstances of Shareholders. Without prejudice to the potential application of the law dated 21 st June 2005 implementing the EU Savings Directive, Shareholders are not subject to any capital gains, income or withholding tax in Luxembourg to the extent that they are not domiciled, resident and do not have a permanent establishment or permanent representative in Luxembourg. Shareholders should consult their tax adviser to determine, to what extent, if any, their jurisdiction of domicile or any other applicable jurisdiction will make them subject to taxation. Shareholders should be aware that paid-out dividends will usually be treated as investment income in most European countries and that conversions between Sub-Funds may not be tax-exempt in their country of residence. The Company shall not be held responsible for any fiscal liability incurred by Shareholders in connection with their investments in the Company. EU Savings Directive On 3 rd June 2003, the Council of the European Union adopted the Council Directive 2003/48/EC regarding the taxation of savings income (the ‘‘Savings Directive’’). According to the Savings Directive, Member States are required since 1 st July 2005 to provide to the tax authorities of another Member State details of payments of interest within the meaning of the Savings Directive (interest, premiums or other debt income) made by a paying agent within its jurisdiction to an individual resident in that other Member State (the ‘‘Disclosure of Information Method’’). However, throughout the transitional period, certain Member States (Luxembourg and Austria), as well as certain non Member States, which have signed an agreement with Member States (Switzerland, Liechtenstein, San Marino, Monaco and Andorra) for applying similar measures to the ones included in the Savings Directive, will withhold an amount on interest payments instead of using the Disclosure of Information Method, except if the beneficiaries of the interest payments opt for the Disclosure of Information Method. The rate of such withholding tax is 35% from 1 st July 2011. Such transitional period will end if and when an unanimous decision is reached by Member States. The EU Savings Directive has been transposed into Luxembourg domestic law by the law dated 21 st June 2005 which entered into force on 1 st July 2005. The Company The Company is not liable to any Luxembourg tax on profits or income. Dividends paid by the Company are not liable to any Luxembourg withholding tax. The Company is, however, liable in Luxembourg to a tax of 0.05% per annum of its Net Asset Value, such tax being payable quarterly in arrears on the basis of the Net Asset Value of each Sub- Fund or Class at the end of the quarter, except those Sub-Fund or Classes which may benefit from the lower rate of 0.01%, i.e. - the "Institutional" (considered as Institutional Investors in accordance with Luxembourg law) Sub-Funds or Classes of Shares, or 376

- the "Liquidity" Sub-Funds (the portfolio of which is composed of any debt securities and instruments, irrespective of whether they are Transferable Securities or not, including bonds, certificates of deposits, deposit receipts and all other similar instruments, provided that, at the time of their acquisition by the relevant Sub-Fund, their initial or residual maturity does not exceed twelve months, taking into account the financial instruments connected therewith, or the terms and conditions governing those securities provide that the interest rate applicable thereto is adjusted at least annually on the basis of market conditions). No stamp duty or other tax is payable in Luxembourg on the issue of Shares. No Luxembourg tax is payable on the realised or unrealised capital appreciation of the assets of the Company. No further capital tax is payable. Any amendments to the Articles of Incorporation are as a rule subject to a fixed registration duty of €75,-. Dividends and interest received by the Company on its investments may be subject to non-recoverable withholding taxes imposed by their countries of origin. In addition, the Company or its Sub-Funds may be subject to an additional taxation levied by foreign tax, governmental authorities of the jurisdictions where the Company or its Sub-Funds are registered or distributed. XVI - EQUALIZATION Each Sub-Fund may follow the accounting practice of equalization, to prevent the net undistributed income per Share from fluctuating solely by reason of purchases and redemptions of Shares. This is accomplished by maintaining an equalization account for the Sub-Fund. The equalization account is credited with that portion of the proceeds of purchased Shares representing the net undistributed income per Share of those Shares, and is debited with that portion of any redemption payment representing the net undistributed income per Share of the redeemed Shares. XVII - MEETINGS Annual general meetings of the Shareholders of the Company (the ‘Annual General Meeting’) are held at the registered office of the Company in Luxembourg on 18 th May at 11.00 am (or, if such day is not a Business Day, on the next following Business Day). General meetings of Shareholders will be held at such time and place as are indicated in the notices of such meetings. Notices of a general meeting and other notices will be given in accordance with Luxembourg law. Notices will, if legally required, be published in the Mémorial and the d’Wort in Luxembourg, and in such other newspapers as the Directors may determine. Notices will specify the place and time of the meetings, the conditions of admission, the agenda, the quorum and the voting requirements and will be given at least 8 clear days prior to the meetings. The requirements as to attendance, quorum and majorities at all general meetings will be those laid down in the Articles of the Company and articles 67-1 and 70 of the Luxembourg law of 10 th August 1915 on commercial companies (as amended). All Shareholders may attend the Annual General Meetings, any general meetings and Class meetings of the Sub-Funds in which they hold Shares and may vote either in person or by proxy. XVIII - LIQUIDATION OF THE COMPANY, MERGER OR LIQUIDATION OF THE SUB-FUNDS AND LIQUIDATION OF THE CLASSES OF SHARES The Company will exist until wound up by special resolution and dissolved according to the Law of 2010. If, for a period of 30 consecutive days, for any reason, the value at the respective Net Asset Value of all outstanding Shares shall be less than EUR 840,000 or the Net Asset Value of any assets relating to any Sub-Fund is lower that EUR 840,000 or in the case of a Sub-Fund denominated in a currency other than the EUR, the equivalent in that currency of such amount, or in case the Directors deem it appropriate because of the changes in the economical or political situation affecting the Company or the relevant Sub-Fund or Class of Shares (such as this may be disclosed, as the case may be, under the relevant Appendices), the Directors may, after giving prior notice to the Shareholders concerned, redeem all (but not some of) the Shares of the Company or of the relevant Sub-Fund or Class of Shares (as the case may be) on the next Valuation Day following the expiry of such notice at the Net Asset Value reflecting the anticipated realisation and liquidation costs, but with no other redemption charge, or, subject to 30 days prior notice to the Shareholders, merge that Sub-Fund with another Sub-Fund of the Company or with another Luxembourg UCITS. In the event of liquidation of the Company, either at the end of its life or prior thereto, the net liquidation proceeds will be paid to the relevant Shareholders in proportion of the Shares they are holding. Liquidation proceeds which will remain unpaid after the closing of the liquidation procedure will be deposited with the Caisse des Consignations to the benefit of the persons entitled thereto. 377

In particular, the data supplied by Shareholders is processed for the purpose of (i) maintaining the register of<br />

Shareholders, (ii) processing subscriptions, redemptions and conversions of Shares and payments of dividends to<br />

Shareholders, (iii) performing controls on late trading and market timing practices, (iv) complying with applicable antimoney<br />

laundering rules.<br />

The Company can delegate to another entity (the “Processors”) (the Administrative Agent, the Registrar Agent and<br />

the Management Company) the processing of the Personal Data, in compliance and within the limits of the applicable<br />

laws and regulations.<br />

Each Shareholder has a right to access his/her/its Personal Data and may ask for a rectification thereof in cases<br />

where such data is inaccurate and incomplete. In relation thereto, the Shareholder can ask for a rectification by letter<br />

addressed to the Company.<br />

The Shareholder has a right of opposition regarding the use of its Personal Data for marketing purposes. This<br />

opposition can be made by letter addressed to the Company.<br />

The Shareholder's personal data shall not be held for longer than necessary with regard to the purpose of data<br />

processing observing legal periods of limitation.<br />

Shareholders<br />

XV - T<strong>AXA</strong>TION<br />

Shareholders and prospective Shareholders should consult their professional advisers on the consequences of<br />

acquiring, holding, redeeming, transferring, selling or converting Shares under the relevant laws of the jurisdictions to<br />

which they are subject, including any exchange control requirements. These consequences (including the availability<br />

of, and the value of tax relief to Shareholders) will vary with the law and practice of the relevant country of citizenship,<br />

residence, domicile or incorporation and with the personal circumstances of Shareholders.<br />

Without prejudice to the potential application of the law dated 21 st June 2005 implementing the EU Savings Directive,<br />

Shareholders are not subject to any capital gains, income or withholding tax in Luxembourg to the extent that they<br />

are not domiciled, resident and do not have a permanent establishment or permanent representative in Luxembourg.<br />

Shareholders should consult their tax adviser to determine, to what extent, if any, their jurisdiction of domicile or any<br />

other applicable jurisdiction will make them subject to taxation. Shareholders should be aware that paid-out dividends<br />

will usually be treated as investment income in most European countries and that conversions between Sub-Funds<br />

may not be tax-exempt in their country of residence. The Company shall not be held responsible for any fiscal liability<br />

incurred by Shareholders in connection with their investments in the Company.<br />

EU Savings Directive<br />

On 3 rd June 2003, the Council of the European Union adopted the Council Directive 2003/48/EC regarding the<br />

taxation of savings income (the ‘‘Savings Directive’’). According to the Savings Directive, Member States are required<br />

since 1 st July 2005 to provide to the tax authorities of another Member State details of payments of interest within the<br />

meaning of the Savings Directive (interest, premiums or other debt income) made by a paying agent within its<br />

jurisdiction to an individual resident in that other Member State (the ‘‘Disclosure of Information Method’’). However,<br />

throughout the transitional period, certain Member States (Luxembourg and Austria), as well as certain non Member<br />

States, which have signed an agreement with Member States (Switzerland, Liechtenstein, San Marino, Monaco and<br />

Andorra) for applying similar measures to the ones included in the Savings Directive, will withhold an amount on<br />

interest payments instead of using the Disclosure of Information Method, except if the beneficiaries of the interest<br />

payments opt for the Disclosure of Information Method. The rate of such withholding tax is 35% from 1 st July 2011.<br />

Such transitional period will end if and when an unanimous decision is reached by Member States. The EU Savings<br />

Directive has been transposed into Luxembourg domestic law by the law dated 21 st June 2005 which entered into<br />

force on 1 st July 2005.<br />

The Company<br />

The Company is not liable to any Luxembourg tax on profits or income. Dividends paid by the Company are not liable<br />

to any Luxembourg withholding tax. The Company is, however, liable in Luxembourg to a tax of 0.05% per annum of<br />

its Net Asset Value, such tax being payable quarterly in arrears on the basis of the Net Asset Value of each Sub-<br />

Fund or Class at the end of the quarter, except those Sub-Fund or Classes which may benefit from the lower rate of<br />

0.01%, i.e.<br />

- the "Institutional" (considered as Institutional Investors in accordance with Luxembourg law) Sub-Funds or<br />

Classes of Shares, or<br />

376

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!