Hamon Asian Funds
Total Page:16
File Type:pdf, Size:1020Kb
The Directors of the Manager of the Fund whose names appear on page 3 accept responsibility for the information contained in this document. To the best of the knowledge and belief of the Directors of the Manager of the Fund (who have taken all reasonable care to ensure that such is the case) the information contained in this document is in accordance with the facts and does not omit anything likely to affect the import of such information and the Directors of the Manager of the Fund accept responsibility accordingly. HAMON ASIAN FUNDS A unit trust established in Ireland as an undertaking for collective investment in transferable securities and regulated pursuant to the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations, 2003, as amended (An Umbrella Fund) PROSPECTUS for the ASIAN MARKET LEADERS FUND HAMON GREATER CHINA FUND (each a “Sub-Fund” and together “the Sub-Funds”) Dated 16 January 2008 The USD Class Units of Asian Market Leaders Fund were admitted to listing on the Irish Stock Exchange on 22nd December 1995. The Directors do not expect that an active secondary market will develop in the USD Class Units. No application has been made for the USD Class Units to be listed on any other stock exchange. Distribution of this document is not authorised unless it is accompanied by a copy of the latest annual report of each of the Sub-Funds and, if published thereafter, the latest half-yearly report. Such reports will form part of this Prospectus. Neither the admission of Units of the Fund to listing on the Official List and trading on the Main Market of the Irish Stock Exchange nor the approval of the Prospectus pursuant to the listing requirements of the Irish Stock Exchange shall constitute a warranty or representation by the Irish Stock Exchange as to the competence of service providers to or any other party connected with the Fund, the adequacy of information contained in the Prospectus or the suitability of the Fund for investment purposes. This Prospectus comprises the listing particulars for the purpose of listing the Units on the Irish Stock Exchange. THIS DOCUMENT IS IMPORTANT THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT THE FUND AND SHOULD BE READ CAREFULLY BEFORE INVESTING. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS PROSPECTUS YOU SHOULD CONSULT YOUR BANK MANAGER, LEGAL ADVISOR, ACCOUNTANT OR OTHER FINANCIAL ADVISOR. A redemption fee of up to 1 per cent of the repurchase price may be charged by the Manager on the repurchase of any Units redeemed within a period of twelve months from the Units being issued. Certain terms used in this Prospectus are defined on pages 7 to 9 of this document. The Fund is authorised by the Financial Regulator as a UCITS within the meaning of the Regulations. The authorisation of the Fund is not an endorsement or guarantee of the Fund by the Financial Regulator nor is the Financial Regulator responsible for the contents of this Prospectus. The authorisation of the Fund by the Financial Regulator shall not constitute a warranty as to the performance of the Fund and the Financial Regulator shall not be liable for the performance or default of the Fund. It should be appreciated that the value of the Units and the income from them may go down as well as up and accordingly an investor may not get back the full amount invested. It is recommended that an investment in a Sub-Fund should not constitute a substantial proportion of an investment portfolio and may not be appropriate for all investors. Investors' attention is drawn to the specific risk factors set out on pages 16 and 17. The distribution of this Prospectus and the offering or purchase of the Units may be restricted in certain jurisdictions. No persons receiving a copy of this Prospectus or any accompanying application form in any such jurisdiction may treat this Prospectus or such application form as constituting an invitation to them to subscribe for Units, nor should they in any event use any such application form, unless in the relevant jurisdiction such an invitation could lawfully be made to them and such application form could lawfully be used without compliance with any registration or other legal requirements. Accordingly, this Prospectus does not constitute an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not lawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation. It is the responsibility of any persons in possession of this Prospectus and any persons wishing to apply for Units pursuant to this Prospectus to inform themselves of and to observe all applicable laws and regulations of any relevant jurisdiction. Prospective applicants for Units should inform themselves as to the legal requirements of so applying and as to any applicable exchange control regulations and taxes in the countries of their respective citizenship, residence or domicile. THE UNITS HAVE NOT BEEN AND WILL NOT BE REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES, AND UNLESS AUTHORISED BY THE MANAGER MAY NOT BE OFFERED OR SOLD IN THE UNITED STATES TO OR FOR THE ACCOUNT OF A U.S. PERSON. NEITHER ASIAN MARKET LEADERS FUND NOR ANY SUB-FUND HAS BEEN REGISTERED UNDER THE UNITED STATES INVESTMENT COMPANY ACT OF 1940, AS AMENDED. Applicants will be required to certify that they are neither unauthorised U.S. Persons Irish Residents nor ordinarily Irish resident for tax purposes. As at the date of this Prospectus, neither the Fund nor the Sub-Funds has any outstanding mortgages, charges, debentures or other borrowings, including bank overdrafts and liabilities made under acceptance credits obligations made under finance leases, hire purchase commitment, guarantees or other contingent liabilities. Units are offered only on the basis of the information contained in the current Prospectus and the latest audited annual accounts and any subsequent half-yearly report. Potential investors should be aware that the auditor’s report on the annual accounts is made solely to the Unitholders as a body and not to potential investors. 1 The Manager maintains facilities in the United Kingdom at the address given below to facilitate Unitholders on matters such as the inspection of the Trust Deed and the Prospectus, obtaining information in English about prices of Units and for the arrangements for the repurchase of Units. In addition, any person who has a complaint to make about the operation of the Fund can submit his complaint in writing to the address given below for transmission to the Board of Directors of the Manager. BNYMellon Financial Services Centre 160 Queen Victoria Street London EC4V 4LA United Kingdom In addition, any UK investor may inspect (free of charge) and/or may obtain copies in English of the following (free of charge in the case of documents (b) and (c) below and otherwise at a reasonable charge): (a) the Trust Deed and any amendments thereto (b) the latest Prospectus (c) the Simplified Prospectuses and (d) the latest annual and half-yearly reports. Any further information or representation given or made by any dealer, salesman or other person should be disregarded and accordingly should not be relied upon. Statements made in this Prospectus are based on the law and practice currently in force in Ireland and are subject to changes therein. This Prospectus may be translated into other languages. Any such translation shall only contain the same information and have the same meaning as the English language Prospectus. To the extent that there is any inconsistency between the English language Prospectus and the Prospectus in another language, the English language Prospectus will prevail, except to the extent (but only to the extent) required by the law of any jurisdiction where the Units are sold, that in an action based upon disclosure in a Prospectus in a language other than English, the language of the Prospectus on which such action is based shall prevail. This Prospectus should be read in its entirety before making an application for Units. 2 HAMON ASIAN FUNDS Manager Auditors Hamon Ireland Limited PricewaterhouseCoopers 25/28 North Wall Quay, Chartered Accountants, International Financial Services Centre, George’s Quay, Dublin 1, Dublin 2, Ireland Ireland Board of Directors of the Manager Legal Advisors in Ireland Mr. Jim Cleary A&L Goodbody Solicitors Mr. Michael Kirby 25-28 North Wall Quay, Mr. Hugh A. Simon International Financial Services Centre, Dublin 1, Ireland Investment Advisor and Promoter Legal Advisors in Hong Kong Hamon Asset Management Limited Herbert Smith 3510-3515 Jardine House, 23rd Floor, Gloucester Tower, 1 Connaught Place, Central, 11 Pedder Street, Central, Hong Kong Hong Kong Administrator Sponsoring Broker BNY Fund Services (Ireland) Limited A&L Listing Guild House, 25-28 North Wall Quay, Guild Street, International Financial Services Centre, International Financial Services Centre, Dublin 1, Dublin 1, Ireland Ireland Trustee Hong Kong Representative BNY Trust Company (Ireland) Limited The Bank of East Asia Limited Guild House, 32 nd Floor, BEA Tower, Millennium City 5, Guild Street, 418 Kwun Tong Road, Kwun Tong, International Financial Services Centre, Kowloon, Dublin 1, Hong Kong Ireland Distribution Agents Formal Paying and Information TSC-Hourigan Asset Management Ltd Agent and Tax Representative in Austria P.O. Box 957, Raiffeisen Zentralbank Österreich Aktiengesellschaft Offshore Incorporations Centre, Am Stadtpark 9, Road Town, Tortola, A-1030 Vienna, British Virgin Islands Austria Mellon Global Investments Limited Swiss Representative 160 Queen Victoria Street, First Independent Fund Services London EC4V 4LA, Klausstrasse 33, United Kingdom CH-8008 Zurich, Switzerland Legal Advisors in Austria Freshfields Bruckhaus Deringer, Swiss Paying Agent Seilergasse 16, NPB New Private Bank Ltd.