Legal & Governance


Terms & Conditions

 

LEGAL NOTICE

Gyrostat Risk Managed Equity Fund 

The responsible entity for the Gyrostat Risk Managed Equity Fund (ARSN 651 853 799) is Columbus investment Services Limited (ACN 095 162 931) (AFSL221183) (CISL). The investment manager for the fund is Gyrostat Capital Management Advisers Pty Ltd (ACN 168 737 246), a duly authorised representative of Gyrostat Capital Management Pty Ltd (ACN 138 219 002) (GCM) and One Wholesale Fund Services Ltd (ACN 159 624 585).  

The information provided in this website was not prepared by CISL but prepared by other parties. All of the commentary, statements of opinion and recommendations contain general advice only.   This information does not take into account your investment objectives, particular needs or financial situation. You should seek independent financial advice. 

The content of this website does not constitute an offer or solicitation to subscribe for units in the Funds or an offer to buy or sell any financial product. Accordingly, reliance should not be placed on this website as the basis for making an investment, financial or other decision.  

Past performance is not a reliable indicator of future performance. Performance comparisons are provided purely for information purposes only and should not be relied upon. The information included in this website may include information that is predictive in character which may be affected by inaccurate assumptions or by known or unknown risks and uncertainties and may differ materially from results ultimately achieved.  

Whilst all care has been taken in preparation of this website, neither CISL nor the Investment Manager give any representation or warranty as to the reliability, completeness or accuracy of the information contained in this document. Neither CISL nor the Investment Manager accepts liability for any inaccurate, incomplete or omitted information of any kind or any losses caused by using this information.  

You should obtain and carefully consider the Product Disclosure Statement (PDS) for the Fund before making any decision about whether to acquire, or continue to hold, an interest in the Fund. Applications for units in the Fund can only be made pursuant to the application form relevant to the Fund. A copy of the PDS (dated 11 August 2021) and relevant application form can be obtained from www.gyrostat.com.au/application-forms or www.oneinvestment.com.au/qyrostat.

Terms and Conditions

This website is owned and operated by Gyrostat Capital Management Pty Ltd (ACN 138 219 002) Australian Financial Services License No 452917 (“Gyrostat Capital”). References in this website to “we”, “us” and “our” refer to Gyrostat Capital.

By using this website you acknowledge that you have read these terms and conditions, together with any other terms and conditions or other statements, notices or disclaimers contained on this website (“Terms and Conditions”). By using this website you agree to be bound by the Terms and Conditions.

Access for wholesale clients only

This website is only for the use of persons who are wholesale clients within the meaning of section 761G of the Corporations Act 2001 (Cth). The products and services described in this website are not available to any person who is a retail client within the meaning of section 761G of the Corporations Act 2001 (Cth).

Jurisdictional issues

This website is directed at persons accessing the website from within Australia. This website is controlled and operated by Gyrostat Capital from its office in Victoria, Australia. Gyrostat Capital does not make any representation that the use of information on this website is appropriate for use in other locations or that access to the content of the website from other locations is not illegal and prohibited. Persons who choose to use this website from other locations do so on their own initiative and are responsible for establishing the legality, useability and correctness of this website under any or all jurisdictions and the compliance of this website with local laws, if and to the extent local laws are applicable. The information contained on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Gyrostat Capital to any registration or other requirement within such jurisdiction or country.

In particular, the information contained in this website is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any units or services in the United States to or for the benefit of any person in the United States. The Funds managed by Gyrostat Capital have not been registered in the United States under the Investment Company Act of 1940 and units in the Funds are not registered in the United States under the Securities Act of 1933.

No investment advice provided to you

This website is not designed for the purpose of providing personal financial product or investment advice. The information contained in this website does not take into account your particular investment objectives, financial situation or investment needs. You should assess whether the information contained in this website is appropriate to your particular investment objectives, financial situation and investment needs. You should do this before making an investment decision. You can either make this assessment yourself or seek the assistance of any adviser.

The information contained in this website is not a recommendation to invest in any investments, units, securities or financial products offered by Gyrostat Capital.

Investment performance

Gyrostat Capital does not guarantee the performance of the Funds that it manages or the return of capital to investors. An investment is subject to investment and other risks. Investors should read the Information Memorandum relating to a specific Fund in its entirety prior to investing and, where appropriate, seek independent professional advice.

Disclaimer and limitation of liability

To the maximum extent permitted by law, Gyrostat Capital will not be liable in any way for any loss or damage suffered by you through use or access to this website, or Gyrostat Capital’s failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.

General conditions

These Terms and Conditions are governed by the law in force in the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning the Terms and Conditions.

These Terms and Condition can be modified at any time by Gyrostat Capital in its absolute discretion and you agree to continue to be bound by these Terms and Conditions as modified. We will publish revised Terms and Conditions on this website - we will not separately notify you of these changes. Therefore, you should periodically visit this page to review the current Terms and Conditions.

If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

Copyright

Except where necessary for viewing the information on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, none of the information contained on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Gyrostat Capital.

Morningstar                        

The Class C Units, the Class D Units and the Class E Units (collectively, the “Index Units”) are not sponsored, endorsed, sold or promoted by Morningstar Australasia Pty Ltd., or any of its affiliated companies (all such entities, collectively, “Morningstar Entities”). The Morningstar Entities make no representation or warranty, express or implied, to the owners of the Index Units or any member of the public regarding the advisability of investing in listed equities, derivatives (including exchange traded options) or risk managed products generally or in the Index Units in particular or the ability of the Index Units to track general equity and option market performance in the Australian market (in the case of the Class C Units), the Hong Kong market (in the case of the Class D Units) and the global market (in the case of the Class E Units). The Morningstar Entities’ only relationship to the Fund and the Investment Manager is the licensing of certain service marks and service names of Morningstar and of the Morningstar® Australia Index™, the Morningstar® Hong Kong Index™ and the Morningstar® Global Markets Index™ which is determined, composed and calculated by the Morningstar Entities without regard to the Fund, the Investment Manager or the Index Units. The Morningstar Entities have no obligation to take the needs of the Fund and/or Investment Manager or the owners of the Index Units into consideration in determining, composing or calculating the Morningstar® Australia Index™, the Morningstar® Hong Kong Index™ and the Morningstar® Global Markets Index™. The Morningstar Entities are not responsible for and has not participated in the determination of the prices and amount of the Index Units or the timing of the issuance or sale of the Index Units or in the determination or calculation of the equation by which the Index Units are converted into cash. The Morningstar Entities have no obligation or liability in connection with the administration, marketing or trading of the Index Units.

THE MORNINGSTAR ENTITIES DO NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE MORNINGSTAR® AUSTRALIA INDEX™, THE MORNINGSTAR® HONG KONG INDEX™ AND THE MORNINGSTAR® GLOBAL MARKETS INDEX™ OR ANY DATA INCLUDED THEREIN AND THE MORNINGSTAR ENTITIES SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. THE MORNINGSTAR ENTITIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY THE FUND, THE INVESTMENT MANAGER, OWNERS OR USERS OF THE INDEX UNITS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE MORNINGSTAR® AUSTRALIA INDEX™, THE MORNINGSTAR® HONG KONG INDEX™ AND/OR THE MORNINGSTAR® GLOBAL MARKETS INDEX™ OR ANY DATA INCLUDED THEREIN. THE MORNINGSTAR ENTITIES MAKE NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE MORNINGSTAR® AUSTRALIA INDEX™, THE MORNINGSTAR® HONG KONG INDEX™ AND/OR THE MORNINGSTAR® GLOBAL MARKETS INDEX™ OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL THE MORNINGSTAR ENTITIES HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

Governance 

"At Gyrostat, we take a holistic approach to governance including a regular examination of AFSL compliance, our investment  process, administration and of course corporate governance. Our objective is to ensure our Unit Holders interests are protected at all times" says Andrew Smith, Chairman of our Risk and Compliance Committee.  Drawing upon experience gained as a Responsible Manager under four Financial Services Licences in the past, Andrew guides a team comprising Gyrosat Chairman, Peter Clifton, Managing Director Craig Racine and Company Secretary David Barwise through all aspects of good corporate governance.
 
Investors funds and stocks are held in custody by Australia's largest independent custodian One Investment Group.
 

Andrew Smith, as Chairman of our Risk and Compliance Committee has developed extensive experience whilst acting as an ASIC Responsible Manager under four Financial Services Licences for a diverse range of advisory firms in Australia. In addition to this position, Andrew is Chairman of Eagle Health Holdings Ltd, Chairman of Aobo Environmental Technology Ltd, Responsible Manager and Chairman of the Project Control Group of Goal Property Group Pty Limited, and Responsible Manager of Dennis AFSL Pty Limited. 

He was formerly the Managing Director and Chief Executive of the Stockbroking and Corporate Finance Group Intersuisse Limited (now Phillip Capital) between 2000 to 2010. Prior to that, Andrew was Chairman of the Sedgwick Group in the Asia Pacific between 1995 to 2000 and a member of the Group Executive Committee in London.

Peter Clifton was a Board member with ASX listed Amcom from 1999 until its recently completed merger with Vocus, and has extensive experience in governance having served on Boards in Asia, the Middle East, and Europe. 

Craig Racine has held Board positions in multi-national companies in China, India, Indonesia, The Philippines, Pakistan, and globally.  
 
Further details can be found at "About Us"

 

Responsible Entity

Columbus Investment Services Ltd
AFSL No 221183
Level 16, Governor Macquarie
Tower 1 Farrer Place
Sydney NSW 2000
Phone: 02 8277 0000
Web: www.oneinvestment.com.au 

External Custodian

One Investment Group
Level 16, Governor Macquarie
Tower 1 Farrer Place

Sydney NSW 2000

Legal Advisers

Hall & Wilcox
Level 30, 600 Bourke Street
Melbourne VIC 3000

Accountants and taxation advisers
Lowe Lippmann
Level 7
616 St Kilda Road
Melbourne, VIC 3004

Fund Administration
Unity Fund Services Pty Ltd, an affiliate of the One Investment Group

Registrar Provider
One Registry Services Pty Ltd, part of the One Investment Group

Auditors
RSM Bird Cameron
Level 2
55 Collins Street
Melbourne, VIC 3000

Board of Directors

Peter Clifton – Chairman Board of Directors
Craig Racine – Director
Andrew Smith – Director
David Barwise – Director

Compliance and Risk Management Committee
Andrew Smith – Chairman Compliance and Risk Management Committee
Peter Clifton
Craig Racine
David Barwise

Investment Committee
Craig Racine
Leo Tang
Peter Clifton
David Barwise

Gyrostat Capital Management Pty Ltd
AFSL: 452917
ACN: 138 219 002

Contact Phone Number: (03) 8678 1742
Email: info@gyrostat.com.au
Website: www.gyrostat.com.au

 


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