Legal

DISCLAIMER

INFORMATION PROVIDED IN THIS WEBSITE IS FOR INFORMATION PURPOSE ONLY AND SHALL NOT CONSTITUTE AN OFFER OR SOLICITATION TO INVEST IN CELLYANT GLOBAL SICAV-SIF OR ANY OF ITS SUB-FUND. IN CONSIDERATION OF RESTRICTIONS MENTIONNED BELOW, INVESTORS CONTEMPLATING AN INVESTMENT IN THE FUND ARE REQUIRED TO CONTACT CELLYANT FOR AN ASSESSMENT OF THEIR SITUATION.

REGISTRATION AND LICENCES

Cellyant Capital Management SA

Cellyant Global SICAV-SIF

MARKETING RESTRICTIONS

Restrictions linked to investors’ qualification

The Cellyant Convergence Fund has been designed for professional clients and duly skilled investment professionals. The Cellyant Convergence Fund is notably not recommended to retail investors or investors that could not elect to be treated as professional as per Annex II of the MIFID (Directive 2004/39/EC).

This website has been designed for information purposes only and does not provide enough material to found a properly-informed investment decision. Potential investors are required to make their own assessment of risks induced by the fund strategies and take definitive investment decisions based on external advice, legal documentation (including the fund prospectus) and / or any relevant information notably available by contacting Cellyant.

Geographical restrictions

Cellyant Convergence shall be distributed in Luxembourg only. Cellyant Convergence shall be available to distribution in several other European jurisdictions soon, subject to the notification procedure provided in the Alternative Investment Fund Directive.

DATA PROTECTION AND PRIVACY STATEMENT

General statement

Cellyant manages a business that relies neither on advertising nor on the collection, analysis or monetisation of personal data. As a consequence, Cellyant:
  • Does not collect data from visitors on this website unless specifically provided by such visitor using of the contact form (namely email address and any other identification data that could be sent using such a form e.g. name or telephone number);
  • Does not use identification data submitted for other purposes than contact management (i.e. record of contacts details for the sake of future communication).
  • Does not use cookies apart from cookies imposed by the website structure and required to allow admin access to the site.

Professional contact details

Cellyant maintains records of professional data (Name, Phone number and email or physical addresses) for communication purposes only (legal or marketing). Such data are recorded and managed in Cellyant standard communication tools, hosted by Microsoft® and secured under Microsoft standard security protocols applicable to the relevant Office 365® plan and / or tools. Entities and / or their representatives wishing to be removed from Cellyant distribution or contact lists can exert their rights by sending a mail to their usual contact at Cellyant’s or to Cellyant’s Head of Compliance.

Investors identification details

In addition, professional and, where relevant, personal data related to investors in Cellyant Global SICAV-SIF are collected for the sake of complying with regulations requiring investors identification notably for purposes linked to tax reporting (AOEI, FATCA) or fight against terror financing and money laundering. While such regulations often impose exhaustive data collection over long conservation periods, such data are primarily collected, processed, managed and maintained by Société Générale Bank & Trust Luxembourg (Data Processor) on behalf of Cellyant Global SICAV-SIF (Data Controller). In this context, such data are primarily subject to Société Générale Bank & Trust privacy and data policies (https://www.sgbt.lu/en/data-policy/) and rights to access and correct these data can be exercised by contacting Société Générale Bank & Trust or Cellyant.

COMPLAINT POLICY

The swift and robust management of customers feedbacks and complaints forms an integer part of Cellyant’s commitment to deliver the highest level of service.

Prospects, investors and partners are invited to voice out any concern or remark they deem could be useful to the overall improvement of Cellyant’ services by contacting Cellyant:

  • Either by using the contact form on this website;
  • or by regular mail to:

Cellyant Capital Management SA
Head of Compliance
2A, rue des Capucins
1313 Luxembourg
Grand Duchy of Luxembourg

In the event you would consider that a contractually or legally-guaranteed right is about to or has been violated and you are consequently looking for the said violation to be prevented, redressed or compensated, your request will be regarded as a formal complaint and dealt with in accordance with the principles described below.

1- Initial Complaint

When filing a formal complaint, please include the following information:

  • Full identification of the complainant and contact person,
  • Detailed information about your complaint,
  • Information on the legal grounds for your complaint,
  • Details about remedies actually sought (no action, redress or compensation).

A written acknowledgement of receipt will be provided to you within a period which shall not exceed 10 business days after receipt of the complaint, unless the answer itself is provided within this period.

Your complaint shall be investigated and answered within one month from the reception of the request. The answer shall contain:

  • An assessment of your claim;
  • An explanation of Cellyant’s position;
  • Where relevant, a proposal to settle the dispute.

2- Escalation

Should you consider Cellyant’s initial reaction to be inappropriate in consideration of your expectations, you may ask for an escalation of the case to Cellyant’s Board of Directors.

The Board of Directors shall review the case and provide Cellyant’s definitive position within a maximum one month period.

3- CSSF Alternative Dispute Resolution Mechanism

In order to help and speed up dispute resolution, the Commission de Surveillance du Secteur Financier (Luxembourg Financial Regulator) has implemented and maintains a free of charge Out-of-Court complaint resolution mechanism, in accordance with CSSF Regulation n° 16-07.

You may resort to the CSSF provided that your request has been formally submitted and that:

  • It has not been answered in a satisfactory manner within one month from its sending and you are not willing to wait for the finalization of Cellyant’s complaint resolution procedure described above;
  • You are not satisfied with the outcome of Cellyant’s complaint resolution procedure described above.

The referral of the case to the CSSF under Regulation n° 16-07 is possible within one year as from the date of the initial filing of your request to Cellyant.

Before filling a request to the CSSF under its Out-of-Court complaint resolution mechanism, you are invited to get acquainted with:

  • The CSSF webpage dedicated to complaints and providing details about the conditions and actual process for filing a request as well as the procedure itself;
  • CSSF Regulation n°16-07 available on the CSSF website.

4- Applicable law

The operations and governance of both Cellyant Capital Management and Cellyant Global SICAV-SIF are subject to the Laws of the Grand Duchy of Luxembourg. As a consequence, investing into Cellyant Global SICAV-SIF give rise to a legal relationship governed by the Laws of the Grand Duchy of Luxembourg (applying notably to rights and duties related to the subscription / redemption of an investment into the Fund as well as to the participation to the governance of the Fund, in the conditions details in the Fund’s articles or association and prospectus).

In accordance with articles 2 and 5-1 (a) and (b) of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Courts of the Grand Duchy of Luxembourg shall have sole and exclusive competence in case of any dispute related to the performance by Cellyant Capital Management or Cellyant Global SICAV-SIF of its legal or contractual obligations. As per Chapter III of EC Regulation No 44/2001, judgements rendered in one Member State are generally directly recognized and enforceable  throughout the European Union. Investors outside the EU shall get in touch with Cellyant Capital Management shall they need additional information on the existence or not of any legal instruments providing for the recognition and enforcement of judgments between Louxemburg and their country of establishement.

COPYRIGHT AND ATTRIBUTION

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