Variable Capital Companies Act 2018 · 2020 Revised Edition · Part 4 · Sub-Funds
30. Disclosure of sub-fund details
Feedback & supportLast amended by an amending law of 2019.
An umbrella VCC must set out in every agreement, business letter, statement of account, invoice, official notice, publication, bill of exchange, promissory note, indorsement, cheque, order, receipt or letter of credit in which any of its sub‑funds is mentioned, all of the following:
umbrella VCC
“umbrella VCC” means a VCC the constitution of which provides that it consists of, or is to consist of, 2 or more collective investment schemes, or words to that effect;
the name of the sub-fund;
the registration number of the sub-fund;
the fact that the assets and liabilities of the sub‑fund are segregated in accordance with section 29.
Where an umbrella VCC enters into an agreement or issues a business letter, statement of account, invoice, official notice, publication, bill of exchange, promissory note, indorsement, cheque, order, receipt or letter of credit for the purpose of any of its sub‑funds, it must set out in that document the fact that it is acting for the purpose of that sub‑fund as well as the matters specified in subsection (1)(a), (b) and (c).
document
“document” includes any summons, order and other legal process, and any notice and register;
Before entering into an oral agreement for the purpose of any of its sub‑funds, an umbrella VCC must disclose to the other party to the agreement all of the following:
the name of the sub-fund;
the registration number of the sub-fund;
the fact that the umbrella VCC is acting for the purpose of the sub‑fund;
the fact that the assets and liabilities of the sub‑fund are segregated in accordance with section 29.
An umbrella VCC that fails to comply with subsection (1), (2) or (3) shall be guilty of an offence.
An officer of an umbrella VCC, or a person acting on his or her behalf, who —
officer
“officer”, in relation to a VCC or other corporation, includes —(a)any director or secretary of the corporation or a person employed in an executive capacity by the corporation;(b)a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and(c)any liquidator of the corporation (being a VCC or company) appointed in a voluntary winding up,but does not include —(d)any receiver who is not also a manager;(e)any receiver and manager appointed by the Court;(f)any liquidator appointed by the Court or by the creditors; or(g)a judicial manager appointed by the Court under Part 8A of the Companies Act 1967 (if applicable);
signs or issues, or authorises to be signed or issued, on behalf of the VCC —
any document mentioned in subsection (1) in which the information in subsection (1)(a), (b) or (c) is not set out; or
any document mentioned in subsection (2) in which the information in that subsection is not set out; or
authorises or enters into any agreement for the purpose of a sub‑fund of the VCC without ensuring that the information in subsection (3)(a), (b), (c) and (d) has been disclosed to the other party to the agreement,shall be guilty of an offence and, if the document mentioned in paragraph (a) is a bill of exchange, promissory note, indorsement, cheque or order, be liable to the holder of it for the amount due on it, unless that liability has been discharged by the VCC.