Terms & Conditions – South Africa Retail

Please read this page before proceeding as it sets out important legal and regulatory information about the material contained in this website (which Ashmore may, without notice, change).

By accessing any page of this website, you agree to be bound by the terms below.  If you do not agree to such terms, you should exit the website.  This page is designed to prevent unsuitable categories of investor from accessing the website and as such Ashmore cannot be responsible for any misrepresentations you may make in gaining access to the website.

The information contained in this website is directed only at persons who are resident in South Africa. The information contained in this website is not directed at you if Ashmore is prohibited by any law of any jurisdiction from making the information on this site available to you and is not intended for any use that would be contrary to local law or regulation. None of the services, investments or funds referred to in this site are available for sale or use in any jurisdiction where such activity is prohibited. This website should not be accessed by any person in the United States or in any other jurisdiction where doing so would result in contravention of local law or regulation.

The sub-funds below are approved under section 65 of the Collective Investment Schemes Control Act 45 of 2002:

  • Ashmore Emerging Markets Equity Fund
  • Ashmore Emerging Markets Equity ESG Fund
  • Ashmore Emerging Markets Frontier Equity Fund
  • Ashmore Emerging Markets Global Small-Cap Equity Fund

The South African Representative Office for Ashmore SICAV is Prescient Management Company (RF) (Pty) Ltd.

Introduction

Ashmore Investment Management Limited is authorised and regulated by the Financial Conduct Authority. Ashmore Investment Management Limited is incorporated in England and Wales with registered office at 61 Aldwych, London WC2B 4AE, United Kingdom and registered number 3344281. Ashmore Investment Management Limited is authorised and regulated in South Africa by the Financial Sector Conduct Authority, under FSP No. 45547.

Ashmore Investment Advisors Limited is authorised and regulated by the Financial Conduct Authority.  Ashmore Investment Advisors Limited is incorporated in England and Wales with registered office at 61 Aldwych, London WC2B 4AE, United Kingdom and registered number 08723494.

Ashmore Investment Management (Ireland) Limited, 32 Molesworth Street, Dublin 2, Ireland is authorised and regulated by the Central Bank of Ireland as management company and principal sales agent for the Ashmore SICAV.

This website contains information about a number of different funds managed by Ashmore Investment Management Limited, Ashmore Investment Advisors Limited and certain of their affiliates ("Ashmore").  Different types of fund or investment present different levels and types of risk.

Access to the information contained in this website in certain countries may be restricted by law and persons who access it are required to inform themselves of, and to comply with, any such restrictions.  The information included herein is not intended to be published or made available to any person in any jurisdiction where doing so would contravene any applicable laws or regulations.  By accessing this website you confirm that you are aware of the laws in your own jurisdiction relating to the provision and sale of investment management services and products and you warrant and represent that you will not pass on or utilise the information contained in this website in a manner that could constitute a breach of such laws by Ashmore or any other person.

Many of the protections provided by the United Kingdom regulatory structure may not apply to investments in Ashmore funds, including access to the Financial Services Compensation Scheme and the Financial Ombudsman Service. 

No offer, promotion or solicitation

Units or shares in any Ashmore fund are not available for sale in any jurisdiction in which such a sale would be prohibited and/or where such fund has not been approved for sale. Nothing contained in this website constitutes or forms part of any offer to sell or buy an investment, or any solicitation of such an offer in any jurisdiction in which such offer or solicitation would be unlawful.  If you are in any doubt as to whether you are permitted to invest in Ashmore funds, please contact your financial adviser who will discuss the suitability of such an investment with you. 

Persons resident outside the United Kingdom should consult their professional advisers as to whether they require any consents or need to observe any other formalities before they can invest in the products described in this website.  Persons resident outside of the United Kingdom should also refer to the offering document of the relevant Ashmore fund for further specific jurisdictional information.

Subscriptions for shares or units in any of the Ashmore funds will only be made on the basis of the current offering document and other formative documentation for the relevant Ashmore fund.

The information contained in this website does not constitute or form part of any offer to sell, purchase, subscribe for or otherwise invest in units or shares of any Ashmore fund.  Any products or services referred to in this website are subject to the legal and regulatory requirements applicable in the jurisdiction where the investor is resident.  The information contained in this website does not constitute any form of investment, financial, legal or tax advice and prospective investors should obtain appropriate independent professional advice before making any investment in any Ashmore fund. 

Exclusion of liability

Ashmore has taken reasonable care to ensure that all the information contained in this website is accurate, secure and up to date, but no representations or warranties (express or implied) are given as to the reliability, accuracy and completeness of the information.  You should check the accuracy of such information before relying on it in any way. Save to the extent that exclusion of liability is prohibited by law or regulation, Ashmore, its officers, employees, representatives, affiliates and agents accept no liability in any respect for any loss or damage, whether direct, indirect, consequential or otherwise (including loss of profit) arising out of or in connection with this website or its contents or any subsequent subscription into an Ashmore fund and whether arising as a result of Ashmore's negligence or otherwise. However, Ashmore does not exclude or restrict any liability it may have to clients under the FSMA 2000 or Financial Conduct Authority rules.

Many of the products referred to in this website are ‘Unregulated Collective Investment Schemes’ ("UCIS") for the purposes of the Financial Services and Markets Act 2000 ("FSMA"), and are neither recognised nor authorised schemes for the purposes of Part 17 of FSMA.  Distribution of promotional materials relating to such UCIS products is restricted by law and may only be lawfully made to persons falling within the exemptions set out in the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2005 or the rules of the Financial Conduct Authority. The information provided in this part of the website is only intended for and may only be accessed by institutional investors and investment professionals who satisfy the relevant exemption criteria. 

There are significant risks associated with investment in the Ashmore funds outlined in this website. Investment in Unregulated Collective Investment Schemes (UCIS) described on this website is intended for sophisticated investors who can understand and accept the risks associated with such an investment including a substantial or complete loss of their investment.

Non U.S. Person Representation

The following information contained in this website is not available to U.S. persons or persons acting on their behalf, and the funds described therein are not being offered in the United States or to U.S. persons.  Therefore, by accepting this disclaimer, you represent, warrant and covenant to Ashmore that you are not a U.S. Person (as defined in Regulation S under the U.S. Securities Act of 1933, as amended) or acting for the account or benefit of a U.S. Person; and you will not make the information available to any such U.S. Person.  You further covenant that you will immediately cease any use of the information for any purpose if any of the foregoing representations is no longer true.

Risk Warnings

Emerging market funds carry risks as well as rewards and you should always bear the following in mind: the value of investments and the income from them may go down as well as up and you may not get back the amount you originally invested; past performance is not a reliable indicator of future results; emerging markets are volatile and may suffer from liquidity problems; changes in rates of exchange between currencies may cause the value of or income from investments to decrease or increase; and funds which specialise in a particular region or sector are more risky than those which hold a very broad spread of investments. The offering documents or other formative documentation contain more detailed risk warnings relevant to the particular Ashmore fund.

Collective Investment Schemes in Securities (CIS) should be considered as medium to long-term investments. The value may go up as well as down and past performance is not necessarily a guide to future performance. CISs are traded at the ruling price and can engage in scrip lending and borrowing. A schedule of fees, charges and maximum commissions is available on request from the Manager. A CIS may be closed to new investors in order for it to be managed more efficiently in accordance with its mandate. Performance has been calculated using net NAV to NAV numbers with income reinvested. There is no guarantee in respect of capital or returns in a portfolio.

Data Protection

Any information that may be provided by you to Ashmore through the website will be held in confidence by Ashmore and will not be disclosed to third parties, other than to the Ashmore funds and any person who provides professional, legal accounting advice or other services to Ashmore or the Ashmore funds, who will use such information in the course of providing advice or other services to you and for the purposes that we specify. All such companies are required to maintain the confidentiality of such information to the extent they receive it.

We may also disclose your personal information to fulfil your instructions, to protect our rights and interests, or pursuant to your express consent.

Notwithstanding anything to the contrary contained herein, we may disclose your personal information or any portions thereof (a) as required by, or to comply with, applicable law, regulation, court process or other statutory requirement; and (b) at the request of any regulatory, supervisory or governmental authorities.

Your details may be used by Ashmore and the Ashmore funds to send you information on other products and services that we offer. If you prefer not to receive such information, please advise us by email to ashmail@ashmoregroup.com.

Further information on how your personal information is used is contained in our Cookie Policy and our Privacy Policy.

You are entitled to a copy of the information we hold about you by writing to us and requesting it.  There is a fee for this service.

Telephone calls may be recorded for compliance, training or investment purposes.

Intellectual Property Rights

This website contains various materials including text, photographs and other images, which are protected by copyright and/or other intellectual property rights. All copyright (and any other intellectual property rights) in this website and these materials is either owned by Ashmore or an Ashmore group company or is used by us under licence.

This website also contains various trade marks. All “ASHMORE” trade marks included on this website belong to Ashmore.

You are permitted to browse any part of this website and to reproduce pages of this website by printing-off or downloading to a hard disk such pages but in each case only for non-commercial and personal use. You do not have the right to use the materials contained in this website (or any copyright or other intellectual property rights within these materials) in any other way or for any other purpose except with our prior written consent.

Internet

Errors, omissions, interruptions and delays of services may occur at any time on the internet as it is not a totally reliable or secure medium of communication.  Ashmore accepts no liability for the consistency, security and confidentiality of any information sent over the internet and any transmissions over the internet are entirely at the user's risk.

Links

When leaving this website via a link to another website you may lose any regulatory protection provided under the FSMA 2000.  Ashmore does not endorse or approve any material on other websites and accepts no responsibility for such material, services or products offered by such sites.  No third party is permitted to link any other website to this website without Ashmore's prior written consent.