ISA Application Form PFS Chelverton This Application form is for a lump sum Investor or an ISA transfer. Please complete this form in ink using BLOCK Capitals and return completed with the relevant Anti-Money Laundering documentation (AML) to: PFS Chelverton, PO Box 11007, Chelmsford, Essex, CM1 9RR Telephone 0845 3054217, Fax Number 0845 2800188 Email Address Chelverton@phoenixfundservices.com Personal Details: Form A Title: Surname Name: Forename (s) in full: National Insurance Number: Date of Birth: Email Address: Telephone Number: Permanent Address: Permanent Address: Permanent Address: Permanent Address: Post Code: Income Distribution Bank Details (Income will automatically be re-invested if this section is not completed) : Bank Name: Branch Name: Sort Code: Building Society Roll Number: Account Name: Account Number:
Form A (continued) I wish to invest the following amount(s): PFS Chelverton UK Equity Income Fund A Accumulation ISIN GB00B1Y9J463 PFS Chelverton UK Equity Income Fund B Accumulation GB00B1Y9J570 PFS Chelverton UK Equity Income Fund A Income GB00B1FD6244 PFS Chelverton UK Equity Income Fund B Income GB00B1FD6467 PFS Chelverton UK Equity Growth Fund B Accumulation GB00BP855B75. PFS Chelverton UK Equity Growth Fund B Income GB00BP855954. Phoenix Fund Services (UK) Limited do not offer a Cash ISA for Investments, PFS (UK) Ltd only offer a Stocks and Shares ISA. I confirm that I have received and read the information contained in this form and confirm that a copy of the Key Investor Information Document (KIID) or Prospectus has been supplied to me in respect of each share class in which I wish to invest, in conjunction with the Supplementary Information Document (SID). Key Investor Information Documents (KIID) and Prospectus are available on our website www.phoenixfundservices.com. You should read the Prospectus of all Authorised Unit Trusts and Open-Ended Investment Companies in which you invest. We have certain responsibilities to verify the identity and permanent address of our clients under UK anti money laundering legislation. If you are resident in the UK we will undertake an electronic anti money laundering check of the personal data you have provided. The check will be undertaken by a reputable referencing agency, which will retain a record of that check. This information may be used by the ACD, Registrar and depository for fraud prevention purposes. Details of the service we use are available upon request. Where an electronic check of personal data is not appropriate or acceptable we will ask you to provide documents to establish the correctness of your personal details. These will generally be a certified copy of your passport or photo-card driving licence together with a copy of a recent bank statement or utility bill dated within the last three months, but other documents may be required by us depending on the circumstances. We reserve the right not to make payments to third parties unless this is in relation to an ISA transfer or a deceased account, and will not allow payments from any other party unless this is an ISA transfer in to ourselves. Signature. Date.
INTERMEDIARY DETAILS (required wherever investment is via Intermediary): If these details are not completed correctly the application will be rejected. Firm s Name and Address:............ FSA Firm Registration No:... Contact Name:... Tel:... Fax:... Our default is that the intermediary has given advice on the enclosed investment (s), please note we must be advised at the point of each subsequent investment if advice has not been given. Please confirm if no advice has been given, please leave blank if you have advised the enclosed transaction(s). Affix Stamp (where relevant): No advice has been given Authorised Signature: Initial & Rebate Details To be completed by Intermediaries where applicable, unless completed no Initial or Rebate payments will be made. Note that in accordance with FCA rules, commission can only be paid to legacy / non advised / execution only services. Initial Commission percentage due to the Intermediary Discount on Remaining Retained Initial commission Initial Commission due to Fund Manager % (If applicable) % (If applicable) % (If applicable) Rebate amount due % due to Intermediary. Payments are only paid via a direct electronic credit- Bank Details: Bank Name: Branch Address: Sort Code: Building Society Roll Number (if applicable): Account Name: Account Number: Note: Specific terms relating to the Initial and Rebate amounts must be agreed with the Fund or its representatives prior to submission of this Application Form.
Form B ISA account to be transferred Name of ISA Manager: Address: Address: Address: Post Code: Account Number of ISA to be transferred: Client Name: Client Address: Client Address: Client Address: Post Code: Transfer Section: Current Year: Yes or No Previous Years: All Yes or No or plan year. Or Please transfer: % or of my total Stocks and Shares ISA holding. I hereby instruct my current ISA Manager to transfer the above Stocks and Shares ISA(s) in cash to Phoenix Fund Services (UK) Ltd Chelverton. I authorise you to provide PFS Chelverton, PO Box 11007, Chelmsford, Essex, CM1 9RR, with any information concerning the above ISA account and to accept from them any instruction relating to the ISA. This is subject to Phoenix Fund Services acceptance of my transfer application. Signature Date
Private Individual Self-Certification Tax Regulations 1 require us to collect information about each investor s tax residency. In certain circumstances (including if we do not receive a valid self-certification from you) we may be obliged to share information on your account with HMRC. If you have any questions about your tax residency, please contact your tax advisor. Should any information provided change in the future, please ensure you advise us of the changes promptly. Tax residency Please indicate all countries in which you are resident for tax purposes and the associated Tax Reference Numbers in the table below. If you are a US citizen or resident, please include United States in this table along with your US Tax Identification Number. Country/Countries of Tax Residency Tax Reference Number If you are not resident in any country for tax purposes, please tick this box Declaration I declare that the information provided on this form is to the best of my knowledge and belief, accurate and complete. I agree to notify Phoenix Fund Services (UK) Ltd immediately in the event the information in the selfcertification changes. Signed by (please print name): Permanent Address:.... Post Code.. Date of birth:.. Signature: Date:.. 1 The term Tax Regulations refers to regulations created to enable automatic exchange of information and include FATCA2, various Agreements to Improve International Tax Compliance entered into between the UK and its Crown Dependencies and its Overseas Territories and the OECD Common Reporting Standard for Automatic Exchange of Financial Account Information. 2 The term FATCA refers to The Foreign Account Tax Compliance provisions contained in the US Hire Act 2010.
TERMS AND CONDITIONS On which Phoenix Fund Services (UK) Ltd (PFS (UK)) conducts designated investment business. 1. DEFINITIONS AND INTERPRETATION In these Terms of Conditions the following words and expressions have the meanings and interpretation set out below (unless the context otherwise requires): Administrator means Phoenix Fund Services (UK) Ltd as administrator; Anti-Money Laundering Requirements means the Proceeds of Crime Act 2002, the Money Laundering Regulations 2007, the Terrorism Act 2000, and any other applicable anti-money laundering legislation, regulations, rules or guidelines; Applicable Law means all applicable laws and regulations of the United Kingdom or any other territory, and the prevailing regulations, requirements, determination, practice and guidelines of any other governmental or regulatory organisation of which the Intermediary or (if appropriate) an Associate is a member or by which it is regulated; Associate has the meaning ascribed to it in the FCA Handbook; Authorised Person shall have the meaning defined in section 31 of FSMA; Business means the business of engaging in one or more of the activities set out in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; Business Day means a day, not being Saturday or Sunday, on which the London Stock Exchange is open for business; Cancellation Rights means the cancellation rights set out in chapter 15 of the FCA s Conduct of Business Sourcebook which forms part of the FCA Handbook and is applicable to business introduced only via an IFA; FATCA means the Foreign Account Tax Compliance Act; FCA means the Financial Conduct Authority, whose current address is 25 The North Colonnade, Canary Wharf, London E14 5HS or any other regulatory body which may assume its regulatory responsibilities from time to time; FCA Handbook means the handbook of rules and guidance published by the FCA, as amended, updated or replaced from time to time; FCA Rules means the FCA Statements of Principle and the rules published by the FCA as part of the FCA Handbook as amended time from time; FSMA means the Financial Services and Markets Act 2000; Fund means an authorised unit trust or open ended investment company managed or administered by PFS (UK) Ltd; ISA means an individual savings account within the meaning of the Individual Savings Account Regulations 1998 (as amended or replaced); Intermediary means [a person advising a client on investment in a Fund]; Investor means a client of the Intermediary who invests in or holds a beneficial interest in a Fund through the Intermediary (and includes joint Investors); KIID means Key Investor Information Document under the Collective Investment Schemes Sourcebook which forms part of the FCA Handbook as amended, updated or replaced from time to time; LIBOR means London Interbank Offered Rate or if such rate is not available at the relevant time an equivalent rate of interest, all as determined by PFS (UK) Ltd using reasonable means; PFS (UK) Ltd means Phoenix Fund Services (UK) Ltd;
Prospectus means the prospectus for a Fund as amended or substituted from time to time; RDR means Retail Distribution Review; Settlement Day means in respect of any purchase or sale order, the day stated in the contract note (or other confirmation) as the settlement day, on which payment is due; SID means Supplementary Information Document; Share means a share (of any class) in an open ended investment company operated or administered by PFS (UK) Ltd, whether held directly or indirectly through an ISA otherwise; Sponsor means the promoter (sponsor) of the Fund or the Investment Manager; Unit means a unit (of any class) in an authorised unit trust managed, operated or administered by PFS (UK) Ltd, whether held directly, or indirectly through an ISA or otherwise; and we or us means PFS (UK) Ltd (and our is to be interpreted accordingly). References to a clause means a clause of these Terms and conditions; to legislation, regulations, orders or rules shall mean such legislation, regulations, orders or rules, as amended from time to time or any re-enactment or replacement legislation, regulations, orders or rules, from time to time. Clause headings are for convenience only and do not affect the interpretation of these Terms and Conditions. References to the singular shall include the plural and vice versa and references to persons include natural or incorporated persons. Any words following the terms including, include, in particular or any other similar expression shall be interpreted as illustrative, and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. 2. GENERAL 2.1 These Terms and Conditions relate to the subscription of Shares in the Fund and the applicant(s) agree(s) to be bound by these Terms and Conditions and the Instrument of Incorporation of the Fund and the Prospectus. 2.2 The Fund and the Administrator reserve the right to reject any application in whole or in part for any reason which is not completed in full and supported by the documentation requested and cleared monies, or for any other reasons at its sole discretion. Failure to attach all documentation requested will result in a delay in the transaction being processed. 2.3 The Fund and the Administrator reserve the right to request additional information and documentation, including but not limited to, translations and certifications relating to such additional requests from the applicant(s) and existing investors in compliance with the legislation and regulations in force from time to time. 3. PREVENTION OF MONEY LAUNDERING 3.1 All applicants must attach to this Application Form all the requested documentation. 3.2 All applicants agree that due to anti-money laundering laws and regulations and the possible extensions and amendments of applicable rules, the Administrator may update and amend its procedures from time to time. 3.3 In compliance with applicable anti-money laundering rules and regulations, the Administrator will carry out its own identity checks on all applicants and may require further identification of the applicant(s) or an existing investor before the application can be processed or the redemption proceeds can be paid out. 3.4 For all anti-money laundering documentation certified or received by way of an Intermediary, the Intermediary must be authorised and regulated by the FCA. 3.5 Subscription monies from a third party will not be accepted other than from an authorised ISA Plan manager. Payment in respect of any purchase contract instructed by the Investor or Intermediary must be received by PFS (UK) Ltd on or before the Settlement Day. PFS (UK) Ltd will be entitled to cancel, in whole or part, any contract in respect of which a payment is overdue, with any shortfall being covered by the Investor. This provision will not be affected by any requirement to serve a cancellation notice in respect of the transaction. Amounts that total over 10,000 or over (in units of any currency) should be paid to PFS (UK) Ltd by electronic means on or before the Settlement Day. Before a transaction is placed PFS (UK) Ltd may at its discretion require cleared funds (unless
otherwise agreed by PFS (UK) Ltd). Late settlement will be subject to an interest rate charge of 2% above LIBOR together with an administration charge of 50 per day until settlement has been received. 3.6 Redemption proceeds will only be made payable via electronic means to the shareholder, unless the portfolio is an ISA account and the funds are being transferred to a new ISA plan manager, in which case a cheque will be issued. 4. JOINT APPLICANTS 4.1 Are not permitted within an ISA investment. 5. POWER OF ATTORNEY 5.1 Where a Power of Attorney form is required, a certified copy (by an acting Solicitor) must be provided, and such Power of Attorney form shall form an integral part of these Terms and Conditions. 6. APPLICATION BY A PERSON UNDER THE AGE OF 18 6.1 If this Application Form is submitted on behalf of, and the investment account is opened in the name of, an Investor under the age of 18, the Application Form must be signed by the legal guardian(s). Duly certified proof of the legal guardianship has to be submitted in writing to the Administrator. The legal guardian(s) must provide a certified copy of their valid ID card/passport for the legal guardian. 6.2 The legal guardians, where more than one legal guardian exists, may authorise, to the extent permitted by any applicable law, one or another by notice in writing to the Administrator to act as sole representative of an Investor under the age of 18, provided such authorisation is signed by both legal guardians. Sole representation will become effective two Business Days after receipt by the Administrator of such a request. 6.3 Upon the Investor reaching the age of 18, the Administrator must be informed accordingly and a new Application Form must be submitted and signed by the investor. Until the new Application Form signed by the Investor has been received by the Administrator, transactions will not be processed. 6.4 Junior ISAs will be automatically transferred into the designated holder s name at the age of 18 and this will become a Stocks and Shares ISA. 7. INDEMNITY 7.1 The applicant(s) accept that, if they send us instructions by fax, they may not be clear and there is a danger of them being misinterpreted. The applicant(s) therefore accept that they will be liable for any loss, claim or expense that the Fund or the Administrator, or any of their delegates, may incur through reliance on faxed instructions. However, this will not apply if the Fund or the Administrator, or their delegate, is deliberately at fault or if they are negligent. 7.2 The Administrator accepts responsibility to the applicant(s) if it is deliberately at fault or if it is negligent. However, the Administrator's liability will be restricted to losses which result directly from its fault or negligence. The Administrator will not be liable for loss of business, loss of goodwill, loss of opportunity or loss of profit, or any losses that the Administrator could not reasonably have anticipated when the applicant(s) made the application. 7.3 Where this Application Form is submitted by fax: 7.3.1 The applicant specifically authorises the Fund and the Administrator to act upon instructions received by fax. This fax authority will remain in force until notice in writing of its termination is received by the Administrator and shall apply to all dealings and transactions between the Administrator and the applicant in relation to the Fund, provided that it does not apply to notifications of change of name, address, death or transfers and the use of powers of attorney; in such circumstances original documentation must be sent to the Administrator. 7.3.2 The Fund and the Administrator are entitled in their absolute discretion to refuse to comply with any fax instruction which is, in their opinion, unclear or ambiguous [but shall make reasonable efforts to contact the person issuing the fax to clarify the issue]. 7.3.3 The applicant agrees to send the original application form to the Administrator. For redemption forms submitted by fax, the Administrator will only pay out the redemption proceeds upon receipt of the original redemption form.
8. DATA PROTECTION 8.1 Introduction We explain in this section how we use any personal information you provide to us (such as your personal name, home address, telephone number or email address, and your personal bank or building society account details) and any other personal information relating to you which we may have access to at any time, such as details concerning your investments. Our receipt of your Application Form will be treated by us as your consent to our handling any personal information which you provide to us in accordance with the provisions of this section. 8.2 How we use your personal information. We use your personal information for the purposes of providing you with the services you have requested, to enable you to invest into a fund, to enable you to receive income on income shares relating to your investments, to enable the proceeds of redemption monies to be paid, to send out periodic statements, and for related administration. We may also use your personal information to contact you and to process your queries and requests. 8.3 Sharing your personal information. We may share your personal information with others in connection with the performance of our obligations to you. For example, and depending on the nature of your instructions, we may need to share your information with: a) Intermediaries acting on your behalf or with investment managers or promoters (sponsors) of funds in which you invest; b) our appointed host who we require to securely hold on our behalf information supplied to us by you and to make it available to us so we can perform our services for you; c) our group company Phoenix Administration Services Limited which performs certain administrative functions for us; d) other people, businesses or entities with whom you ask us to share your information or to enable us to meet our contractual commitments to you. We may be required to share your information with others for legal or regulatory reasons, for example with the Financial Securities Authority (or its successors) and any appointed depositaries in connection with our obligations as a regulated business, with HM Revenue and Customs, or with the courts, police or other law enforcement agencies in connection with Anti-Money Laundering Requirements or the detection, prevention and prosecution of crime, tax evasion or fraud. We may also share your information with others in order to carry out credit checks or ID checks, with our accountants and/or auditors and other advisers from time to time, without limitation including our legal advisers, and with any prospective purchaser for value of our business and their legal, financial and other advisers. In such circumstances, we will take appropriate steps to ensure that your information is properly protected. 8.4 Data sharing outside of the EEA Information provided to us by applicants is held by a separate entity which is not a member of our group of companies and which acts as host of all such information. Our host is required to keep such information properly secure and to make it available to us, when we require it to do so, to enable us to perform our services. Our current appointed host Silica is a [limited company incorporated and] based in South Africa. We have a written agreement in place with Silica strictly controlling what they can do with any of your personal information which we supply to them and requiring them to handle it responsibly. We are in regular contact with and conduct periodic Compliance reviews of our appointed host so that we can be confident that they are complying with their duties and obligations.
We would not otherwise normally or routinely share any of your personal information with any entity based outside of the European Economic Area (which is the member states of the European Union, plus Norway, Iceland and Liechtenstein), unless you request us to do so or we need to do so in order to fulfil our contractual commitments to you or otherwise to properly protect your interests. 8.5 Your rights You have the right to ask us about the personal information we hold about you, including a description of that information, the purposes for which it is used and with whom it is shared. We may charge you an administration fee for dealing with your query. You can find out more details concerning your rights and our duties under data protection law applicable in the United Kingdom by visiting the website of the Information Commissioner at www.ico.gov.uk. 8.6 How to contact us If you have any queries about the use of your personal information or anything in this section, please contact us by email, fax or by post for which these details can be found on page one, in each case marked for the attention of the Head of Shareholders services. 9. SUBSCRIPTION ORDERS / CANCELLATION RIGHTS 9.1 Upon receipt of the completed Application Form and the full subscription amount (see [3.5]), the Administrator on behalf of the Fund will issue the Shares in the name of the applicant(s). 9.2 Applicants for Shares who have been given advice via an Intermediary on the investment may have the right to cancel the transaction within 14 days of receipt of a cancellation notice sent to them by PFS (UK) Ltd. If the applicant cancels an application for Shares, and the value of those Shares has fallen, the applicant will be liable for any shortfalls. An applicant will not have the right to cancel if they are a professional investor, if they entered into the transaction on a non-advised execution only basis, or if the purchase was made pursuant to a customer agreement with an authorised person or during negotiations with a view to entering into such an agreement. 9.3 For ISA investors, cancellation rights only apply to the first payment/subscription. Any ISA subscription cancelled within the said 14 day period does not count as a subscription within an ISA wrapper. 10. SETTLEMENT 10.1 Payment in respect of any purchase contract instructed by the Intermediary must be received by PFS (UK) Ltd on or before the Settlement Day. PFS (UK) Ltd will be entitled to cancel, in whole or part, any contract in respect of which a payment is overdue, with any shortfall being covered by the investor. PFS (UK) Ltd reserve the right to insist that amounts that are over 10,000 or over (in units of any currency) should be paid to PFS (UK) Ltd by electronic means before a transaction is placed or on or before the Settlement Day (unless otherwise agreed by PFS (UK) Ltd). Late settlement will be subject to an interest rate charge of 2% above LIBOR together with an administration charge of 50 per day until settlement has been received. 11. INSTRUCTIONS AND COMMUNICATIONS 11.1 All notices, reports, statements, documents and communications will be sent at the risk of the applicant(s) by ordinary mail or, where otherwise specified by applicable United Kingdom legislation or the Fund s constitutional documents, by registered mail to the address of the first-named applicant unless otherwise specified by the applicant(s) in writing. 11.2 All notices, reports, statements, documents and communications sent to the address of the first-named applicant are deemed to have been effected to all the applicants on the date sent to the first-named applicant s address. 11.3 Instructions may be given by letter or facsimile and are at the risk of the applicant(s). The applicant(s) assume(s) all risks and in particular those arising from delays in delivery, errors in communication, or comprehension, including but not limited to, errors as to the information contained in the instruction. 11.4 The applicant(s) specifically agree(s) that, where he/they give(s) instructions by fax, he/they hold PFS (UK) Ltd fully indemnified from and against all liabilities, losses, costs, actions, proceedings, claims and demands which may be incurred by or brought or made against the Fund or PFS (UK) Ltd directly or indirectly from having acted upon such instructions.
11.5 If the Application Form is sent by fax, the original must also be sent to PFS (UK) Ltd immediately thereafter by post. 11.6 A fax authority is not sufficient for notifications of change of name, address, notification of death, deed of pledges and appointment of an attorney or any other notification or instruction where original documentation is required to be sent by post to PFS (UK) Ltd. 11.7 The applicant(s) must check the accuracy of the details contained in the contract notes and statements of accounts sent by PFS (UK) Ltd. If the applicant(s) do not report any inaccuracy to us within 30 Business Days of their dispatch then, unless the applicant(s) can demonstrate that exceptional circumstances apply, we shall be entitled to assume that those details are accurate. 11.8 All communications shall be in the English language. 12. LATE TRADING AND MARKET TIMING 12.1 PFS (UK) Ltd shall not permit transactions which it knows to be or has reason to believe to be related to late trading or market timing practices as defined in FCA Rules and shall report those transactions to the FCA. 13. TELEPHONE RECORDING 13.1 All calls to the customer services at PFS (UK) Ltd are recorded for training and monitoring purposes. The dealing instruction confirmed over the telephone is a legally binding contract. Any disputes that arise are assessed by listening to the call in question to identify possible discrepancies. If an Intermediary is dealing on behalf of a private investor, cancellation rights may apply. 14. AMENDMENTS TO THE TERMS AND CONDITIONS 14.1 PFS (UK) Ltd reserves the right at any time to modify these Terms and Conditions. PFS (UK) Ltd will update its website www.phoenixfundservices.com with amended Terms and Conditions. Any fundamental changes will be notified to Shareholders in writing at the point we issue half yearly valuations or distribution vouchers (if applicable). Such modifications shall be deemed to be accepted by the shareholders, if the shareholders do not raise any objection in writing to the proposed amendments, within two weeks from the date of the notification. 15. SEVERANCE 15.1 If any provision or clause of these Terms and Conditions is or becomes void or unenforceable in whole or in part for any reason such enforceability or invalidity shall not affect the validity of the remaining Terms and Conditions. 16. INCORPORATION IN CONTRACT 16.1 These Terms and Conditions form an integral part of the Application Form. Each applicant accepts these Terms and Conditions by signing the Application Form. 17. COMPLAINTS 17.1 The Intermediary shall be responsible for handling all complaints from an Investor relating its sales or advisory activity. If an Investor makes a complaint in connection with the Fund(s), documentation relating to the Fund(s) or transactions carried out by PFS (UK) Ltd, all complaints should be addressed to the Head of Transfer agency department at PFS (UK) Ltd. If you are not satisfied with the outcome you have the right to refer the matter to the Financial Ombudsman Service for further investigation at Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. 18 MISCELLANEOUS 18.1 In no event shall any delay, failure or omission on the part of PFS (UK) Ltd in enforcing any right power, privilege, claim or remedy which [is conferred by the Intermediary Agreement or] arises hereunder be deemed or construed as: (a) waiver thereof, or any of any other such right power privilege claim or remedy; or (b) operating so as to bar the enforcement or exercise thereof, or of any other such right, power, privilege, claim or remedy in other instance at any time or times thereafter.
18.2 [Except as expressly provided in the Intermediary Agreement,] nothing herein shall confer or is intended to confer on any third party any benefit or the right to enforce any terms contained herein for the purposes of the Contracts (Rights of Third Parties) Act 1999. 19. GOVERNING LAW 19.1 These terms and conditions and any disputes arising out of or in connection with them (whether based in contract, tort, and breach of statutory duty or regulation or otherwise) are governed by and construed in accordance with English Law and the Investor and PFS (UK) Ltd submit to the exclusive jurisdiction of the English Courts. 2014 Phoenix Fund Services (UK) Ltd. All rights reserved.