Please note that OAM Funds are not available to any prospective investor who can be qualified as a ‘US Person’
In compliance terms, a ‘US Person’ - means:
(a) a natural person who is a citizen or resident of the United States;
(b) a partnership, limited liability company or corporation organized or incorporated under the laws of the United States, its territories or possessions, any US state, or the District of Columbia;
(c) a trust of which any trustee is a US Person, unless no beneficiary of the trust (and no settlor if the trust is revocable) is a US Person, the trustee who is a US Person is a professional fiduciary and a trustee who is not a US Person has sole or shared investment discretion with respect to the trust assets;
(d) an estate of which any executor or administrator is a US Person, unless such estate is governed by non-US law, the US Person who serves as an executor or administrator of such estate is a professional fiduciary and an executor or administrator of the estate who is not a US Person has sole or shared investment discretion with respect to the estate's assets;
(e) a non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a US Person;
f) a discretionary or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States;
(g) an agency or branch of a foreign entity located in the United States; or
(h) a partnership, limited liability company or corporation that is:
(i) organized or incorporated under the laws of a jurisdiction other than the United States and
(ii) formed by a US Person principally for the purpose of investing in securities not registered under the US Securities Act of 1933 as amended, unless it is organized or incorporated and owned by accredited investors (as defined in Rule 501(a) under the US Securities Act of 1933 as amended) who are not natural persons, estates or trusts. Notwithstanding the foregoing, an employee benefit plan established and administered in accordance with the law of a country other than the United States and with customary practices and documentation of such country does not constitute a US Person.
Overseas Asset Management does not provide investment services to ‘US Persons’
The Participating Shares of the OAM funds are offered to Qualifying Investors. The offering memoranda for the funds do not constitute offers or solicitation to anyone in any jurisdiction in which such offers or solicitation is not authorised or to any person to whom it is unlawful to make such offers or solicitation or is unlawful without compliance with additional registration or filing requirements. In particular, the Participating Shares have not been registered under the United States Securities Act of 1933 and, other than in certain circumstances, may
not be directly or indirectly offered or sold in the United States or to or for the benefit of US persons, or to others purchasing the Participating Shares for re-offering, resale or delivery directly or indirectly in the United States, or to or for the benefit of any such persons. A ‘Qualifying Investor’ means a person who is not a US Person (unless expressly approved by the Board of Directors) and has an open account and signed an investment management agreement with the Investment Advisor.