167x Filetype DOCX File size 0.04 MB Source: www.jerseyfsc.org
[Certified Fund Certificate Cancellation Request Form] [•] Your ref: $[] [FSB [ ]] Manager, [Appropriate Supervisory Unit] Jersey Financial Services Commission Our ref: [ ] PO Box 267 14-18 Castle Street St. Helier JERSEY JE4 8TP [ ] Dear [•] [ ] (Fund) [ ] (Sub-Fund(s))] Collective Investment Funds (Jersey) Law, 1988, as amended (CIF Law) [Financial Services (Jersey) Law, 1998, as amended (FS(J)L)] We, [ ], the certificate holder (Certificate Holder), refer to the certificate granted to us under Article 8B of the CIF Law (Certificate) in relation to the Fund [and the Sub- Fund(s)] as a [[company issuing units] [trustee of a unit trust] [general partner of a limited partnership]] [and to our fund services business (FSB) registration as a [[Class ZG trustee] [Class ZJ member of a partnership]] under Article 2(10) of the FS(J)L (FSB Registration) and, specifically, to our appointment as [[trustee] [general partner]] of the Fund [and the Sub-Fund(s)]. Please be advised that with effect from [ ], we ceased to carry on any business of the Fund [and the Sub-Fund(s)]. The reason for our ceasing to act being that: [ ]. Accordingly, it is requested that the Commission cancel the Certificate pursuant to Article 8B of the CIF Law. We confirm that the business of the Fund [and the Sub-Fund(s)] has been transferred to a new service provider known as [ ] and that all necessary unitholder notices and/or consents have been provided in connection with the same. It is noted that, under Article 8E of the CIF Law, any decision of the Commission to cancel a certificate cannot take effect before the expiry of a period of written notice, but may, at the request of the relevant certificate holder, take effect earlier. On this basis, we hereby request that any decision of the Commission to cancel the Certificate take effect on the date of that decision. [We, the Certificate Holder, confirm as the outgoing company issuing units in relation to the Fund [and the Sub- Fund(s)] that:- 1. we are not in breach of any condition of the Certificate; 2. we are not in breach of any requirement of the Code of Practice for Certified Funds (Certified Funds Code); 3. [we are not in breach of any requirement of the Code of Practice for Alternative Investment Funds and AIF Services Business]; 4. we are not in breach of the constitutional document(s) constituting the Fund [or the Sub-Fund(s)]; 5. we are not in breach of any material contract entered into by the Fund in relation to it [or the Sub- Fund(s)]; 6. any complaints in connection with the Fund [and/or the Sub-Fund(s)] have been resolved; 7. there are no outstanding issues in relation to the carrying on by ourselves of any business of the Fund [or the Sub-Fund(s)] and we are not aware of any issues with the Fund [or the Sub-Fund(s)] generally; 8. all reports and accounts that are obliged to be filed pursuant to a condition of the Certificate or the Certified Funds Code have been submitted to the Commission; 9. the requirements of the Proceeds of Crime (Jersey) Law 1999 as far as they relate to the Fund [,the Sub-Fund(s)] and the investors in the Fund [and the Sub-Fund(s)], including but not limited to the files evidencing full customer due diligence, have been met; 10. there are no material assets and liabilities remaining in the Fund [or the Sub-Fund(s)]; and 11. all investors have been redeemed out of the Fund [and the Sub-Fund(s)].] [We, the Certificate Holder, confirm as the outgoing trustee in relation to the Fund [and the Sub-Fund(s)] that:- 1. we are not in breach of any condition of the Certificate; 2. we are not in breach of any requirement of the Code of Practice for Certified Funds (Certified Funds Code); 3. [we are not in breach of any requirement of the Code of Practice for Alternative Investment Funds and AIF Services Business]; 4. we are not in breach of any condition of our FSB Registration; 5. we are not in breach of any requirement of the Code of Practice for Fund Services Business; 6. we are not in breach of the constitutional document(s) constituting the Fund [or the Sub-Fund(s)]; 7. we are not in breach of any material contract entered into by ourselves in our capacity as trustee of the Fund [or the Sub-Fund(s)]; 8. any complaints in connection with ourselves in our capacity as trustee of the Fund [or the Sub-Fund(s)] or in connection with the Fund [or the Sub-Fund(s)] have been resolved; 9. there are no outstanding issues in relation to the carrying on by ourselves of any business of the Fund [or the Sub-Fund(s)] and we are not aware of any issues with the Fund [or the Sub-Fund(s)] generally; 10. all reports and accounts that are obliged to be filed pursuant to a condition of the Certificate or the Certified Funds Code have been submitted to the Commission; 11. all reports and accounts that are obliged to be filed in respect of ourselves pursuant to the Financial Services (Fund Services Business (Accounts, Audits and Reports)) (Jersey) Order 2007 have been submitted to the Commission; 12. the requirements of the Proceeds of Crime (Jersey) Law 1999 as far as they relate to the Fund [,the Sub-Fund(s)] and the investors in the Fund [and the Sub-Fund(s)], including but not limited to the files evidencing full customer due diligence, have been met; 13. there are no material assets and liabilities remaining in the Fund [or the Sub-Fund(s)]; and 14. all investors have been redeemed out of the Fund [and the Sub-Fund(s)].] [We, the Certificate Holder, confirm as the outgoing general partner in relation to the Fund that:- 1. we are not in breach of any condition of the Certificate; 2. we are not in breach of any requirement of the Code of Practice for Certified Funds (Certified Funds Code); 3. [we are not in breach of any requirement of the Code of Practice for Alternative Investment Funds and AIF Services Business]; 4. we are not in breach of any condition of our FSB Registration; 5. we are not in breach of any requirement of the Code of Practice for Fund Services Business; 6. we are not in breach of the constitutional document(s) constituting the Fund; 7. we are not in breach of any material contract entered into by ourselves in our capacity as general partner of the Fund; 8. any complaints in connection with ourselves in our capacity as general partner of the Fund or in connection with the Fund have been resolved; 9. there are no outstanding issues in relation to the carrying on by ourselves of any business of the Fund; 10. all reports and accounts that are obliged to be filed pursuant to a condition of the Certificate or the Certified Funds Code have been submitted to the Commission; 11. all reports and accounts that are obliged to be filed in respect of ourselves pursuant to the Financial Services (Fund Services Business (Accounts, Audits and Reports)) (Jersey) Order 2007 have been submitted to the Commission; 12. the requirements of the Proceeds of Crime (Jersey) Law 1999 as far as they relate to the Fund and the investors in the Fund, including but not limited to the files evidencing full customer due diligence, have been met; 13. there are no material assets and liabilities remaining in the Fund; and 14. all investors have been redeemed out of the Fund.] Yours sincerely [ ] Director of the Certificate Holder
no reviews yet
Please Login to review.