Terms & Conditions
Eclipse Investor (i.e. Institutions)
Important Information
The Eclipse Investment Opportunities Fund Protected Cell Company plc (the "Fund") is a specialist fund and complies with the requirements of the Isle of Man Collective Investment Schemes (Specialist Fund) Regulations 2010 (the “Regulations”). Shares are only available to persons who have certified in the prescribed manner that they are “Specialist Investors”, as defined in the Regulations and in the Scheme Particulars. The value of shares and the income produced by them can fall as well as rise. Investors may not get back the value of their original investment.
The Fund is established as a protected cell company under the Protected Cell Companies Act 2004 (the “PCC Act”). This means that, under Isle of Man law and provided that the conditions of the PCC Act have been complied with, the assets attributable to each Cell will only be available to the creditors of that Cell. Prospective investors should bear in mind that the segregation of assets and liabilities in the Cells, whilst recognised and protected under Isle of Man law, may not be recognised in certain other jurisdictions in which the Fund’s assets are or may be located.
The Fund is a specialist fund, which is only suitable for "specialist investors" as defined in the Regulations.
All specialist funds are required to register with the Isle of Man Financial Supervision Commission. Accordingly, the Fund must be registered with the Isle of Man Financial Supervision Commission in accordance with the Regulations. In granting registration, the Isle of Man Financial Supervision Commission has not reviewed the Scheme Particulars and the Supplementary Memorandum, but has relied upon the statement of compliance provided by the Fund’s governing body filed in accordance with the Regulations. Details of registration will be available at www.fsc.gov.im.
The Fund’s manager its administrator and its governing body are subject to ongoing filing and reporting obligations in accordance with the Regulations.
Investors are not protected by statutory compensation arrangements and the Isle of Man Financial Supervision Commission does not vouch for the financial soundness of the Fund or for the accuracy of any statements made or opinions expressed about it.
Requirements which may be deemed necessary to protect retail or non-specialist investors do not apply to specialist funds. By signing the declaration contained in the application form, you confirm that you are a “specialist investor” and accept the reduced requirements, or the absence of requirements, accordingly.
You are wholly responsible for ensuring that the Fund is acceptable to you. Investment in specialist funds may involve special risks that could lead to a loss of all or a substantial portion of the investment. Unless you fully understand and accept the nature of the Fund and the potential risks inherent in the Fund, you should not invest in the Fund.
If you are investing on behalf of someone else, the Isle of Man Financial Supervision Commission expects you to be satisfied that the person is a specialist investor who understands the risks associated with this type of investment.
If you are a life assurance company investing assets comprised within your long term business fund, the Isle of Man Financial Supervision Commission expects that relevant policyholders have had the opportunity to read the Scheme Particulars and any relevant Supplementary Memorandum and as such to have information about the risks associated with an investment in the Fund.
PG2010/199
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