Terms and conditions of processing shareholder and closed-end investment fund certificate holder identification
Terms and conditions of processing shareholder and closed-end investment fund certificate holder identification
The terms and conditions of processing closed-end investment fund certificate holder or shareholder identification referred to in Article 123a-Aricle 123e of the Act of 27 May 2004 on investment funds and management of alternative investment funds (the “FI Act”) or respectively in Title III A of the Act of 29 July 2005 on Trading in Financial Instruments (the “Act”) by the Securities Services Division at Bank Handlowy w Warszawie S.A. (the “Bank”) when a closed end fund/closed end fund management company or respectively listed company applies directly to the Bank.
- The closed end fund/closed end fund management company or respectively listed company should send its request to the following email address corp.actpoland@citi.com
- The original copy of the request should be sent by regular mail to the address: Bank Handlowy w Warszawie S.A., Departament Operacji Powierniczych (Securities Operations Department), ul. Senatorska 16, 00-923 Warszawa.
- The request has to comply with the FI Act or respectively Act, include all the information required under the Act and the Commission Implementing Regulation (EU) 2018/1212 (the “Regulation”) and be sent in a format prescribed in the Regulation.
- The rules set forth in the FI Act or respectively Act concerning the submission of a closed end fund/closed end fund management company or respectively listed company's request to the Central Securities Depository of Poland (KDPW S.A.) shall apply mutatis mutandis to the requests submitted to the Bank.
- The request needs to be signed by the authorized signatories of the closed end fund/closed end fund management company or respectively listed company. Enclosed with the request shall be the notarized, and for foreign issuers authenticated with an apostille, copies of the powers of attorney of these persons if the request is signed by the representatives of the closed end fund/closed end fund management company or respectively listed company, and notarized specimen signatures of the persons who signed the request.
- The requests which do not meet the conditions set out herein shall not be processed by the Bank.
- The Bank will begin processing the request once it has received a full set of the required documents as prescribed herein and once the closed end fund/closed end fund management company or respectively listed company has paid the fee specified by the Bank and notified to the closed end fund/closed end fund management company or respectively listed company in an email sent in response to the submitted request.
- The Bank shall charge a fee for every request submitted by a closed end fund/closed end fund management company or respectively listed company, the fee being a multiple of the number of accounts on which shareholders of the listed company hold the closed-end fund investment certificates or respectively shares issued by that company and the amount of PLN 50, but not less than PLN 9,500 per request.
- Any matters not regulated herein shall be governed or respectively governed by the provisions set forth in the Act, the Regulation and the Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007.