Terms and Conditions of the Use of the Website of Fondul Proprietatea SA

These Terms and Conditions were last amended as of 13 April 2020
 

 

Please read this page before proceeding as it explains certain restrictions relates to the use of this website (the “Website”) and of the information, functions and documents included herein (the “Content”)

 

By confirming below, you also acknowledge and confirm that you:

  1. have read this important information;

  2. agree your access to this Website is subject to the disclaimer, risk warnings and other information and terms and conditions set out herein.

 

This Website and its Contents is for information purposes only in connection with Fondul Proprietatea SA (the “Fund”), a  joint stock company operating as a closed-end/alternative investment company addressed to retail investors without a set lifetime, incorporated in Romania trading on the Bucharest Stock Exchange since January 2011, and on the London Stock Exchange since April 2015. The Fund is registered with the Romanian Financial Surveillance Authority (“ASF”) as a closed-end/alternative investment company addressed to retail investors under register number PJR09SIIR/400006/18.08.2010The headquarters of Fondul Proprietatea SA are at 78-80 Buzesti Str, 7th Floor, Bucharest District 1, 011017, Romania. Fondul Proprietatea’s Fiscal Identification Code (CIF) is 18253260 and Trade Registry registration no is J40/21901/2005. The subscribed share capital is RON 3,959,264,762.44 and paid up share capital is RON 3,770,082,340.44.

The Fund is managed by Franklin Templeton Investment Services S.À R.L. (“FTIS” or the “Fund Manager”) a société à responsabilité limitée qualifying as an alternative investment fund manager under article 5 of the Luxembourg law of 12 July 2013 on alternative investment fund managers, authorized by the Commission de Surveillance du Secteur Financier under no. A00000154/21 November 2013, whose registered office is located at 8a, rue Albert Borschette, L-1246 Luxembourg, registered with the Luxembourg register of commerce and companies under number B36.979, and registered with the Romanian Financial Supervisory Authority under number PJM07.1AFIASMDLUX0037/10 March 2016.

FTIS has appointed Franklin Templeton Investment Management Ltd. United Kingdom Bucharest Branch to act as its investment manager (“Investment Manager”) and thus delegated to the latter the portfolio management and the performance of administration services over the Fund. 

This website is controlled by Franklin Templeton Investment Management Limited (“FTIML”), registered in Romania with Financial Supervisory Authority under no.PJM01SFIM/400005 14.09.2009.

This Website does not purport to contain all of the information that an interested party may desire in relation to the Fund, its Fund Manager or Investment Manager and it may be updated or amended at any time without prior notice.

Nothing herein is intended to constitute advice on investment, legal or tax matters, nor is it an offering or an invitation to buy or sell shares in the Fund or in any other issuer of securities mentioned herein. The Content is not a recommendation for investment and cannot be considered (in whole or any of its parts) as an invitation to enter into a contract or commitment nor as a marketing material in connection with the investment in the Fund’s shares  or other associated instruments, unless expressly mentioned otherwise in a specific material included on the Website.

Any person considering an investment in the Fund or any other security mentioned herein should refer to the relevant issuer’s prospectus and consult their own legal, accounting and tax advisors in order to make an independent determination of the suitability and consequences of an investment in the securities.

Any decision to invest in the Fund must only be made on the basis of the prospectus of the Fund and other applicable offering documentation as the case. The shares issued by the Fund have not been and will not be registered under the US Securities Act of 1933, as amended, or with any securities authority of any state or territory within the jurisdiction of the United States of America. These shares may not be offered, sold or delivered in the United States of America or to American citizens or nationals.

The Fund, the Fund Manager and the Investment Manager do not give any guarantee or representation or warranty of any kind, whether actual or implied to the visitors/investors and makes no representations that the Website or the Content are appropriate, permitted or available for use in any jurisdiction.

The information contained in this Website is as of its date, unless otherwise indicated, and is not a complete analysis of every material fact regarding the market, and any industry sector, security, or portfolio.

Statements of fact cited by the Fund Manager or the Investment Manager and included on this Website have been obtained from sources considered reliable, but no representation is made as to the completeness or accuracy. Because market and economic conditions are subject to rapid change, opinions provided are valid only as of the date of the materials. Any forward-looking statements are based upon certain assumptions; actual events are difficult to predict and are beyond the control of the author, therefore actual events may differ from those assumed. References to particular securities are only for the limited purpose of illustrating general market or economic conditions and are not recommendations to buy or sell a security or an indication of the author’s or any managed account’s holdings. The Fund Manager’s and Investment Manager’s opinions are intended solely to provide insight into how such analyses securities and are not a recommendation or individual investment advice for any particular security, strategy or investment product.

The price of shares and income from them can go down, remain constant, as well as up depending on the evolution of the financial instruments held in the portfolio and you may lose some or all of your capital invested. The previous results of the Fund, the Fund Manager or the Investment Manager do not account for future performances, currency fluctuations will affect the value of foreign investments. All investments are subject to certain risks. Generally, investments offering the potential for higher returns are accompanied by a higher degree of risk. The investments in the shares of the Fund or associated instruments do not represent deposits.

Stocks and other equities representing an ownership interest in a corporation have historically outperformed other asset classes over the long term but tend to fluctuate more dramatically over the shorter term. The significant growth potential offered by Emerging Markets remains accompanied by heightened risks when compared to developed markets, including risks related to market and currency volatility, adverse social and political developments, and the relatively small size and lesser liquidity of these markets.

Persons who are interested in purchasing shares in alternative investment funds/companies are advised to read the current fund prospectus(es), especially the risk notices it or they contain, before making an investment decision. However, those risks, as described in the relevant documentation, cannot be considered as complete, accurate, or relevant in any circumstances and conditions.

The Fund prospectus

Read the issue prospectus as well as the key information document before investing in the Fund.

The Fund's:

The key information document about the Fund is available at: https://www.fondulproprietatea.ro/files/live/sites/fondul/files/homepage/KID-FP-EN-2%20March%202020.pdf

Limitation of liability

Although the Content of this Website is based on sources judged to be reliable, neither the Fund, nor its Fund Manager or its Investment Manager or their members of the board of directors, the executive management, employees or any other person are liable for any omissions or inaccuracies or for any delays or absence of updating of any documents or information included herein.  

Neither the Fund, nor  the Fund Manager, the Investment Manager or their members of the board of directors, the executive management, employees or any other person assumes any responsibility for any losses that may be incurred as a result of using this Website.

Neither the Fund, nor the Fund Manager, the Investment Manager have any responsibility for viruses or any other damage that may be caused as result of using this Website.

Intellectual Property Rights

All the material displayed on and/or accessible through the Website, including without limitation, software, text, graphics, charts, information, images, articles, reports, presentations and other material (the “Intellectual Property”), is the property of and controlled by the Fund, or the Fund Manager, or the Investment Manager, or the party credited as the provider of the Content, and is protected by Romanian and international copyright and other laws.

All names, logos, trademarks and service marks displayed on the Website (the “Trademarks”) are the property of the Fund, or the Fund Manager, or the Investment Manager, or their respective owners, who may or may not be affiliated with the Fund, the Fund Manager or the Investment Manager, as the case may be. Nothing contained on the Website should be construed as granting, in any legal, contractual or other way, any license or right to use any Intellectual Property or Trademark, without the written permission of the Fund, the Fund Manager or the Investment Manager or such other party that may own the applicable Intellectual Property or Trademark. Nothing in these terms and conditions shall constitute a waiver of any Trademark, copyright or other Intellectual Property rights. The Fund, the Fund Manager and the Investment Manager reserve the right to enforce their Intellectual Property and Trademarks rights to the full extent of the law.

Any user of this Website may reproduce or use the information herein only for their personal use and by specfying the source of such information. Downloading or copying through any other means the information on the Website do not transfer any rights over such documents included on the Website.

Governing Law

Any complaint or dispute related to or determined by the use of this website, including in connection with the materials and documents included on this website are governed exclusively by the laws of Romania and, unless settled amiabily, shall be subject to the competent Romanian courts, unless otherwise expressly mentioned in the relevant document(s) included on the website.

Privacy policy

Information related to our Privacy Policy and Cookies policies can be accessed at  https://www.fondulproprietatea.ro/home/privacy---cookie-notice.html .