CBDR Investor Rights
Summary of Investor Rights
Introduction
This is a summary of rights afforded to you as a Shareholder whose name is registered as the holder of a share in Algebris UCITS Fund plc (the “Company”). Should you require any further information relating to the terms of your investment, please refer to the Prospectus, KIID, and application form.
Entitlement to receive certain information relating to your investment in the Company
Audited annual reports and unaudited half-yearly reports incorporating financial statements will be made available to each Shareholder or will be sent on request to any potential investors, and will be made available for inspection at the registered office of the Manager or the Company.
The latest Net Asset Value of the Shares in the Funds shall be available at the registered office of the Administrator and shall be available in respect of each Dealing Day via the worldwide web at www.bloomberg.com on the day after each Valuation Day. Such information will relate to the Net Asset Value per Share for the previous Dealing Day and is available for information only. The latest Net Asset Value shall also be published on the Investment Manager’s website at https://www.algebris.com/funds/.
The current prospectus of the Company will also be available from the Investment Manager, on its website at https://www.algebris.com/funds/ a paper copy of which will be delivered to you on request and free of charge.
Entitlement to redeem your Shares
Subject to the conditions set out in the Prospectus, Shareholders may request that their Shares be repurchased on any Dealing Day.
Voting rights and related matters
Shareholders are entitled to attend and vote at meetings of the Company and of the Fund represented by those Shares. The Articles of Association provide that matters may be determined at meetings of the Shareholders on a show of hands unless a poll is requested by three Shareholders or by Shareholders representing not less than ten percent of the total voting rights of all the Shareholders of the Company having the right to vote at meetings and any Shareholder or Shareholders holding shares conferring the right to vote at the meeting being Shares on which an aggregate sum has been paid up equal to not less than ten per cent. of the total sum paid up on the Shares conferring that right or unless the Chairman of the meeting requests a poll.
On a show of hands every Shareholder present in person or by proxy shall have one vote. On a poll a Shareholder present in person or by proxy shall be entitled to one vote in respect of each share held by him.
Fractional Shares do not carry any voting rights.
Entitlement to make a complaint
Information regarding the Manager’s complaint procedures is available to Shareholders free of charge upon request. Shareholders may file complaints about the Funds free of charge at the registered office of the Manager 76 Sir John Rogerson’s Quay, Dublin 2, Dublin, D02 C9D0 Ireland. Shareholders are also requested to send complaints to algebrisinvestmentsireland@algebris.com.
Complainants who are not satisfied with the outcome of an investigation have the right to refer the matter to the Central Bank.
Investor rights against service providers of the Company
As a Shareholder in the Company, you have a right of action against the Company for any breach of contract.
Shareholders in the Company do not have any direct contractual rights against any service provider appointed in respect of the Company because of the absence of a direct contractual relationship between the Shareholder and the relevant service provider. Instead, the proper plaintiff in an action in respect of which a wrongdoing is alleged to have been committed against the Company by the relevant service provider is typically the Company.
Notwithstanding the foregoing, a Shareholder has a regulatory right of action to purse the Depositary appointed by the Company in respect (i) any loss of an asset held in the custody of the Depositary or any delegate of the Depositary or (ii) of any other losses caused by the Depositary’s negligent or intentional failure to properly fulfil its obligations under applicable regulations provided that this does not lead to a duplication of redress or to unequal treatment of Shareholders in the Company.
Representative actions under Irish law
Currently under Irish court rules, there is no formal representative action procedure in place which facilitates collective redress by consumers in respect of infringements of EU or national law. This means that any action brought in an Irish court relating to an infringement of Irish or EU laws governing collective investment schemes and their managers must currently be litigated on an individual basis.
A collective redress mechanism, as required under Directive (EU) 2020/1828, must be implemented in Ireland by 25 June 2023.
General
It should be noted that this summary addresses rights conferred on Shareholders under the applicable legislation governing the operation of the Company in which you are invested. You may also be afforded rights under other legislation or regulatory frameworks which are not addressed above, including for example, your rights as a data subject under Regulation (EU) 2016/679.
Capitalised terms not otherwise defined in this summary of investor rights have the meanings assigned to them in the Prospectus.
