Disclaimer | Absolute Return Trust Limited

Disclaimer

Please (1) tick this box to indicate your acknowledgement, confirmation, representation and warranty as appropriate, then (2) select your country of residence before clicking on the “Continue” button below to proceed to the main part of this Website.

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This Site is being directed in Australia only to persons who come within one of the categories set out in section 708(8) or 708(11) of the Corporations Act 2001 (Cth) (the Corporations Act) and only where such persons are also 'wholesale clients' as defined in section 761G of the Corporations Act (collectively referred to as Sophisticated and Professional Investors). If you are accessing this Site from Australia, you will need to confirm that you are a Sophisticated and Professional Investor before you are permitted to enter the remainder of this Site.

The Material on this Site does not constitute, and is not to be construed as, an offer of securities for issue within the meaning of section 706 of the Corporations Act or an offer relating to the issue of a financial product within the meaning of section 1012B of the Corporations Act.

Nothing in this Disclaimer excludes, restricts or modifies the operation of section 12ED of the Australian Securities and Investments Commission Act 2001 (Cth).

Fauchier Partners LLP is exempt from the requirement to hold an Australian Financial Services Licence under the Corporations Act 2001, is regulated by the Financial Services Authority of the United Kingdom and is registered under the laws of England and Wales, which differ from Australian laws.

I am accessing this Site from Australia and I confirm, represent and warrant that I am a person who comes within one of the categories set out in section 708(8) or 708(11) of the Corporations Act and am also a 'wholesale client' as defined in section 761G of the Corporations Act. (If you are unsure about whether you satisfy these tests, you should not tick this box and should not access the remainder of this Site.)

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The information contained on this Site does not constitute an offer of, or an invitation to apply for securities in Belgium. Neither does the Site involve any investment service being rendered in Belgium. Fauchier Partners LLP is not regulated by the Belgian Banking, Finance and Insurance Commission (“Commissie voor het Bank-, Financie- en Assurantiewezen”/“Commission bancaire, financière et des assurances”) (the “CBFA”). This Site is being directed in Belgium to qualified investors (“gekwalificeerde beleggers”/“investisseurs qualifiés”) within the meaning of article 10, §1 of the Belgian Law of 16 June 2006 on public offerings of investment instruments and the admission of investment instruments to the trading on a regulated market, as amended (the “Prospectus Law”) only.

I am accessing this Site from Belgium and I confirm, represent and warrant that I am a qualified investor within the meaning of article 10, §1 of the Prospectus Law, acting in my own name and for my own account.

Only the following persons and entities shall be considered a qualified investor for the purposes of the Prospectus Law:

the legal entities established in Belgium that are licensed or regulated to be active on the financial markets, including credit institutions, investment firms, other authorized or regulated financial institutions, insurance companies, collective investments institutions and the management companies thereof, pension funds and the management companies thereof, traders in futures of commodities, as well as the legal entities established in Belgium that are neither licensed nor regulated to be active on financial markets but whose sole corporate purpose is to invest in investment instruments;
the State, the Regions and the Communities, the National Bank of Belgium and the international and supranational institutions established in Belgium;
the legal entities established in Belgium other than those referred to in (i) and (ii) and that, according to their last annual or consolidated accounts, meet at least two of the following three criteria: an average number of employees during the financial year of less than 250; a total balance sheet not exceeding EUR 43,000,000; and an annual net turnover not exceeding EUR 50,000,000;
the legal entities established in Belgium with registered office on the territory of another Member State of the European Economic Area that do not meet at least two of the three criteria referred to in (iii) and that are considered qualified investors in the Member State on the territory of which their registered office is established; and
all other legal entities established in Belgium that do not meet at least two of the three criteria referred to in (iii) provided that such legal entity submits an express request to the CBFA in order to be recognized as a qualified investor. Such legal entity shall then become registered with the CBFA as qualified investor.

Access to this site by Canadian persons is not permitted at this time.

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The Material has not been the subject of a prospectus or other document approved, registered or filed with the Autorité des Marchés Financiers (the “AMF”) and has not been submitted for clearance by the French authorities, including the AMF.Accordingly, none of the Material constitutes an offering of any securities in France and no shares in Absolute Return Trust Limited will be offered by way of a public offering in France (appel public à l’épargne) via the Site or otherwise. None of the Material may be used, released, issued or distributed or caused to be released, issued or distributed in connection with any offer or sale to the public to purchase any shares in Absolute Return Trust Limited in France. By accessing this Site you will be deemed to have declared, represented, warranted and agreed that: (i) you are a qualified investor within the meaning of articles L. 411-2 and D. 411-1 of the French Monetary and Financial Code; (ii) have all the necessary skills (notably English language skills) and facilities to fully understand the contents of this Site; (iv) you will make your own analysis of the shares in Absolute Return Trust Limited and the risks associated with the shares in Absolute Return Trust Limited; (v) you will not rely on any of the Material for any purpose; (vi) Fauchier Partners LLP will not have any liability to you if you select an inappropriate jurisdiction from the list of jurisdictions below or if you provide inaccurate information to Fauchier Partners LLP; and (vii) you will not release, issue, distribute or cause to be released, issued or distributed any of the Material to any person who is not a qualified investor within the meaning of articles L. 411-2 and D. 411-1 of the French Monetary and Financial Code.

I am accessing this Site from France and I confirm, represent and warrant that (i) I am a “qualified investor” within the meaning of articles L. 411-2 and D.411-1 of the French Monetary and Financial Code and (ii) I have sufficient knowledge of the English language in order to understand the content of this Site.

J’accède à ce site depuis la France et je confirme, et je garanti en outre que (i) je suis un investisseur qualifié (au sens des articles L.411-2 et D.411-1 du code monétaire et financier) et (ii) j’ai une connaissance suffisante de la langue anglaise pour comprendre le contenu de ce site.

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Investments, investment activities or any other information provided on this website do not constitute a recommendation or advice to purchase any investment, product or service listed or mentioned on this website. Information displayed on this website is not intended as specific investment advice and must not be relied upon for making investment decisions.

Neither any Material nor any other information provided on this website constitutes, or is to be construed as an offering of Securities within the meaning of the Securities Prospectus Act (Wertpapierprospektgesetz, WpPG), the Investment Act (Investmentgesetz, InvG), or any other applicable law or regulation and have not been, or will not be, registered, filed, cleared or deposited with the German Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin) or otherwise authorised for public distribution in Germany in accordance with the Securities Prospectus Act, the Investment Act, or any other applicable law or regulation. No Investment Product may therefore be offered, distributed, sold, transferred or delivered, directly or indirectly, to investors in Germany except to persons which are 'Qualified Investors' (qualifizierte Anleger) within the meaning of section 2 no. 6 of the Securities Prospectus Act. No Investment Product listed or mentioned on this website may be distributed by way of public advertisement or in a similar manner within the meaning of section 135 of the Investment Act nor shall the distribution of any Material or any other information provided on this website constitute such public offer. Individual sales of Investment Products to any person in Germany may only be made if, and to the extent that, German securities, tax and other applicable laws and regulation are complied with. Any Material or any other information provided on this website is solely directed to such recipients to whom it is directly addressed, and it may not be forwarded or distributed to any other person, and may not be reproduced in any manner whatsoever. Any forwarding, distribution or reproduction of any Material or any other information provided on this website, in whole or in part, is unauthorized.

Fauchier Partners LLP is regulated by the Financial Services Authority of the United Kingdom and is incorporated under the laws of England and Wales, which differ from German Law.

I am accessing this Site from Germany and I confirm, represent and warrant that I am a 'Qualified Investor' within the meaning of section 2 no. 6 of the Securities Prospectus Act (Wertpapierprospektgesetz, WpPG) and am a resident of Germany. (If you are unsure about your status as 'Qualified Investor', you should not tick this box and should not access the remainder of this Site.)

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Fauchier Partners Management Limited ("FPML") is licensed and regulated in Guernsey by the Guernsey Financial Services Commission and may only promote Absolute Return Trust Limited in or from within the Bailiwick of Guernsey to (i) persons licensed under the Protection of Investors (Bailiwick of Guernsey) Law, 1989 (as amended) or any successor legislation or (ii) persons licensed under the Insurance Business (Bailiwick of Guernsey) Law, 2002, the Banking and Supervision (Bailiwick of Guernsey) Law, 1994 or the Regulation of Fiduciaries, Administration Business and Company Directors etc (Bailiwick of Guernsey) Law, 2002 (in each case as amended).

I am accessing this Site from Guernsey and I confirm, represent and warrant that I am permitted to solicit any and all of the Material.

Access to this site by Icelandic persons is not permitted at this time.

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The material contained in this website is private and confidential and is not for use by persons in Ireland. Nothing on this website shall be considered a solicitation to buy or an offer to sell securities, shares or financial instruments (the "Interests") to any person in Ireland.

Accordingly the material contained in this website does not and shall not constitute an offer to provide facilities for participation by the public in Ireland. The material contained in this website has not been approved by the Irish Financial Regulator. The Interests referred to in this website (and any relevant vehicles) have not been authorised and are not supervised by the Irish Financial Regulator. Accordingly, no action will be taken in Ireland, and no Interests referred to in this website may be offered or sold in Ireland, in circumstances which would require approval by the Financial Regulator (including, but not limited, to an approval pursuant to section 256(8) of the Companies Act 1990).

The offer for sale of Interests referred to in this website shall not be made by any person in Ireland otherwise than in conformity with the provisions of the European Communities (Markets in Financial Instruments) Regulations 2007 (as amended) (S.I. 60 of 2007) and in accordance with any codes, guidance or requirements imposed by the Irish Financial Regulator thereunder.

By entering this website I confirm my understanding of the above.

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The Website is not intended to solicit, directly or indirectly, and does not constitute a solicitation, to buy securities in Absolute Return Trust Limited, to any resident of Japan or to others for re-offering or re-sale, directly or indirectly, in Japan or to, or for the benefit of, any resident of Japan or to others for offering or resale, except pursuant to an exemption from the registration requirements of, and otherwise in compliance with, the Financial Instruments and Exchange Act of Japan (the “FIEA”) and any other applicable laws, regulations and ministerial guidelines of Japan. As used in this paragraph, the term “resident of Japan” means any natural person having his place of domicile or residence in Japan, or any corporation or other entity organised under the laws of Japan or having its main office in Japan.

The securities in Absolute Return Trust Limited have not and will not be registered under the FIEA, and Absolute Return Trust Limited is not subject to ongoing disclosure requirements under the FIEA.

Absolute Return Trust Limited, Fauchier Partners Management Limited and Fauchier Partners LLP are not licensed or registered as financial instruments business operator under the FIEA, and therefore, are not generally subject to regulations under the FIEA and any other related rules and regulations of Japan.

I am accessing this Site from Japan and I confirm, represent and warrant that I understand and accept the above.

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By accessing the Site, you unconditionally acknowledge that you are soliciting any and all of the Material and that Fauchier Partners LLP ("FPL") or Fauchier Partners Management Limited ("FPML") in responding to such solicitation by you and by making available the Material will be treated as responding to an unsolicited approach by you for the purpose of the Financial Services (Investment Business (Overseas Persons-Exemption)) (Jersey) Order 2001 (the “Overseas Persons Order”) and the Financial Services (Advertising Order) (Jersey) Order 2008 (the “Advertising Order”) (each as amended) and that you are not replying to an unsolicited approach from either FPL or FPML nor any of Absolute Return Trust Limited ("ARTL"). None of FPL, FPML nor ARTL have been been authorised, approved or licensed by any regulatory body in Jersey. None of FPL, FPML nor ARTL may circulate an offer for the subscription, sale or exchange of securities in Jersey unless it has obtained consent from the Jersey Financial Services Commission or is exempted from obtaining such consent under the Control of Borrowing (Jersey) Order 1958, as amended (COBO).

I am accessing this Site from Jersey and I confirm, represent and warrant that I am permitted to solicit any and all of the Material.

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The information contained on this Site does not constitute an offer of, or an invitation to apply for securities in the Netherlands. Fauchier Partners LLP is not regulated by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, "AFM"). This Site is being directed in the Netherlands to qualified investors (gekwalificeerde beleggers) within the meaning of the Dutch Financial Supervison Act (Wet op het financieel toezicht, "FSA") only.

I am accessing this Site from the Netherlands and I confirm, represent and warrant that I am a qualified investor within the meaning of section 1:1 of the FSA.

Pursuant to art. 1:1 FSA a qualified investor is defined as a:

legal person or company that holds a license or is otherwise regulated to be active on the financial markets;
legal person or company that does not hold a license or is not otherwise regulated to be active on the financial markets and whose only corporate object is to invest in securities;
national or regional government body, central bank, international or supranational financial organization or other similar international institution;
legal person or company having its registered office in the Netherlands that:
- is classified as a small enterprise under rules to be laid down by an order in council; and
- was registered by the Authority for the Financial Markets as a qualified investor at its own request;
legal person or company, not being a legal person or company as referred to in Subsection (d) (1) above.
natural person residing in the Netherlands who satisfies the rules to be laid down by an order in council and who was registered by the AFM as a qualified investor at his own request; or
natural person or enterprise classified as a qualified investor in another EU Member State as referred to in Article 2(1)(e)(iv) and (v) respectively of Directive 2003/71 EC (the Prospectus Directive).

Access to this site by Norweigan persons is not permitted at this time.

Access to this site by US persons is not permitted at this time.