[•] Your ref: $ [<type JFSC ref here>] [FSB [<type JFSC ref here>]]
Manager, Funds Authorisation
Jersey Financial Services Commission Our ref: [<type ref here>]
PO Box 267
14-18 Castle Street
St. Helier
JERSEY
JE4 8TP [<type date here>]
Dear [•]
[<type name of the fund here>] (Fund)
[<type name of the sub-fund(s) here>] (Sub-Fund(s))
Collective Investment Funds (Jersey) Law, 1988, as amended (CIF Law)
[Financial Services (Jersey) Law, 1998, as amended (FS(J)L)]
We, [<type name of the certificate holder here>], the certificate holder (Certificate Holder), refer to the certificate granted to us under Article 8B of the CIF Law (Certificate) in relation to the Fund and the Sub Fund(s) as a [[company issuing units] [trustee of a unit trust]] [and to our fund services business (FSB) registration as a Class ZG trustee under Article 2(10) of the FS(J)L] (FSB Registration) and, specifically, to our appointment as trustee of the Fund and the Sub-Fund(s)].
Please be advised that with effect from [<type date here>], we ceased to carry on any business of the Sub-Fund(s). The reason for our ceasing to act being that: [<type reason here: e.g. the Sub-Fund(s) has/have ceased to operate]. Accordingly, it is requested that the Commission amend the Certificate to take account of the termination of the Sub-Fund(s) pursuant to Article 8B of the CIF Law.
It is noted that, under Article 8E of the CIF Law, any decision of the Commission to amend a certificate to take account of the termination of a sub-fund cannot take effect before the expiry of a period of written notice, but may, at the request of the relevant certificate holder, take effect earlier. On this basis, we hereby request that any decision of the Commission to amend the Certificate take effect on the date of that decision.
[We, the Certificate Holder, confirm as the outgoing company issuing units in relation to the Fund and the Sub-Fund(s) that:-
1. we are not in breach of any condition of the Certificate;
2. we are not in breach of any requirement of the Code of Practice for Certified Funds (Certified Funds Code);
3. [we are not in breach of any requirement of the Code of Practice for Alternative Investment Funds and AIF Services Business];
4. we are not in breach of the constitutional document(s) constituting the Fund or the Sub-Fund(s);
5. we are not in breach of any material contract entered into by the Fund in relation to it or the Sub-Fund(s);
6. any complaints in connection with the Fund and/or the Sub-Fund(s) have been resolved;
7. there are no outstanding issues in relation to the carrying on by ourselves of any business of the Fund or the Sub-Fund(s) and we are not aware of any issues with the Fund or the Sub-Fund(s) generally;
8. all reports and accounts that are obliged to be filed pursuant to a condition of the Certificate or the Certified Funds Code have been submitted to the Commission;
9. the requirements of the Proceeds of Crime (Jersey) Law 1999 as far as they relate to the Fund, the Sub-Fund(s) and the investors in the Fund and the Sub-Fund(s), including but not limited to the files evidencing full customer due diligence, have been met;
10. there are no material assets and liabilities remaining in the Sub-Fund(s); and
11. all investors have been redeemed out of the Sub-Fund(s).].
[We, the Certificate Holder, confirm as the outgoing trustee in relation to the Fund and the Sub-Fund(s) that:-
1. we are not in breach of any condition of the Certificate;
2. we are not in breach of any requirement of the Code of Practice for Certified Funds (Certified Funds Code);
3. [we are not in breach of any requirement of the Code of Practice for Alternative Investment Funds and AIF Services Business];
4. we are not in breach of any condition of our FSB Registration;
5. we are not in breach of any requirement of the Code of Practice for Fund Services Business;
6. we are not in breach of the constitutional document(s) constituting the Fund or the Sub-Fund(s);
7. we are not in breach of any material contract entered into by ourselves in our capacity as trustee of the Fund and Sub-Fund(s);
8. any complaints in connection with ourselves in our capacity as trustee of the Fund or Sub-Fund(s) or in connection with the Fund or Sub-Fund(s) have been resolved;
9. there are no outstanding issues in relation to the carrying on by ourselves of any business of the Fund or Sub-Fund(s) and we are not aware of any issues with the Fund or the Sub-Fund(s) generally;
10. all reports and accounts that are obliged to be filed pursuant to a condition of the Certificate or the Certified Funds Code have been submitted to the Commission;
11. all reports and accounts that are obliged to be filed in respect of ourselves pursuant to the Financial Services (Funds Services Business (Accounts, Audits and Report)) (Jersey) Order 2007 have been submitted to the Commission;
12. the requirements of the Proceeds of Crime (Jersey) Law 1999 as far as they relate to the Fund, the Sub-Fund(s) and the investors in the Fund and the Sub-Fund(s), including but not limited to the files evidencing full customer due diligence, have been met;
13. there are no material assets and liabilities remaining in the Sub-Fund(s); and
14. all investors have been redeemed out of the Sub-Fund(s)].
We acknowledge that, in accordance with the Commission Notice of Fees payable by or in relation to CIFs, a fee of £270 is payable in respect of this amendment request form.
Yours sincerely
[<type Name of director here>]
Director of the Certificate Holder