Terms
Please read the terms below before proceeding, the terms explain certain restrictions imposed by law on distribution of this information.
These Terms & Conditions explain certain legal and regulatory conditions and restrictions in relation to this website. This information may be changed by XY Capital Europe at any time without notice.
In these terms and conditions, references to “XY Capital Europe” means XY Capital Europe Limited and any affiliate, or entity under common control of XY Capital Europe Limited.
Information in relation to the XY Capital Europe strategies is available through this website to professional and institutional investors only. This website is reserved exclusively for non-U.S. persons and should not be accessed by any person in the United States.
This website is issued:
In United Kingdom by XY Capital Europe Limited, 5th Floor, 27 Furnival Street, London, EC4A 1JQ registered in England, No. 12919393, which has approved its contents and which is an appointed representative of Capricorn Fund Managers Limited, which is authorised and regulated by the Financial Conduct Authority (“FCA”).
This website is directed exclusively at Professional Clients and Eligible Counterparties and should not be relied upon by Retail Clients (all as defined by the FCA). If you are viewing the material as a retail investor, you should seek independent investment advice before deciding whether the services in question are suitable to meet your investment needs and objectives, as the language has not been complied to a retail client standard.
You should read the terms and conditions carefully, as your access and use of the website are expressly conditioned upon your acceptance of these terms. In using this website, you agree to the below terms, if you do not agree to them you should exit this website now. XY Capital Europe may refuse access to and usage of the website to anyone at any time, in its sole discretion. XY Capital Europe reserves the right to modify or discontinue the website without notice, or change the terms and conditions governing your access to and use of this website, at any time and your continued use of the website following such a change shall be deemed to evidence your acceptance of the change.
This website provides information about XY Capital Europe.
Purpose of the website: No offer of Securities; No Advice
The website is intended to provide an overview of XY Capital Europe and is for general information purposes only. The website is not intended to provide investment, accounting, tax or legal advice. You should consult your own investment, legal and/or tax professionals regarding your specific situation. Users of this website should be aware that XY Capital Europe is not acting for, or advising them, and is not responsible for providing them with the protections available under the UK regulatory system. Compensation will not be available from the UK’s Financial Services Compensation Scheme.
XY Capital Europe makes no representations that materials at this website are appropriate for use in all locations, or that transactions, securities products, instruments or services discussed at this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counterparties. Those who access this website do so at their own initiative, and are responsible for compliance with applicable local laws or regulations.
UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THIS WEBSITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY SECURITIES, ANY OTHER INSTRUMENTS OR INTERESTS OF ANY FUND (DESCRIBED BELOW), WHETHER OR NOT SPONSORED OR MANAGED BY XY CAPITAL EUROPE OR CAPRICORN FUND MANAGERS LIMITED. IN PARTICULAR, THIS WEBSITE IS NOT INTENDED AS MARKETING OF ANY FUND IN ANY MEMBER STATE OF THE EUROPEAN ECONOMIC AREA FOR THE PURPOSES OF THE EU DIRECTIVE 2011/61/EU ON ALTERNATIVE INVESTMENT FUND MANAGERS.
ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE PROSPECTUS OR EXPLANATORY MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INDIVIDUALS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS THAT ARE DETERMINED FROM TIME TO TIME BY XY CAPITAL EUROPE IN ITS SOLE AND ABSOLUTE DISCRETION.
This website is directed only at persons who are professional investors (for the purposes of the Alternative Investment Fund Managers Directive (2011/61/EU) (“AIFMD”)) (“Professional Investors”); professional clients or eligible counterparties (for the purposes of the Markets in Financial Instruments Directive (Directive 2004/39/EC) (“MiFID”)) (“Professional Clients” or “Eligible Counterparties”); or as otherwise defined under applicable local regulations and at whom this site and the information on it may lawfully be directed in any relevant jurisdiction.
The content of this website is not intended for the account of U.S. persons (as defined in Regulation S under the United States Securities Act of 1933, as amended (the “Securities Act”)). The content of this website is not intended for or directed at U.S. Persons for the purposes of the Chinese Military Companies Sanctions program (“CMIC Sanctions”), pursuant to Executive Order 14032 (which replaced and supersedes E.O. 13959), or any other sanctions regimes as administered by the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”).
While XY Capital Europe uses reasonable efforts to obtain information from reliable sources, XY Capital Europe makes no representations or warranties as to the accuracy, reliability, or completeness of any content at this website. Opinions and any other content are subject to change without notice. XY Capital Europe is not utilizing this website to provide investment or other advice to you or any other party, and no information or material at this website is to be relied upon for the purpose of making or communicating investment or other decisions.
All materials on this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure, or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Ownership of website and copyright
This website is owned by XY Capital Europe. This website and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of XY Capital Europe or its licensors accessible via the website is and shall remain the exclusive property of XY Capital Europe, as the case may be. All rights to the website remain with XY Capital Europe. This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website without the prior written permission of XY Capital Europe. The entire content of this website is subject to copyright with all rights reserved.
Unauthorized access
This website is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties. Although XY Capital Europe will make reasonable efforts to protect the privacy of users of this website, no guarantee can be made that unauthorized third parties will not access the information contained on the website. You acknowledge that XY Capital Europe is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the internet.
Privacy policy
XY Capital Europe has updated its Privacy Policies below in line with the Global Data Protection Regulation, effective 25 May 2018. Your personal information is important to us and we take your privacy seriously. We are committed to ensuring that both your privacy and your data is protected, starting from the information we collect to how long we hold it for and how we use and disclose your details as part of the service we offer to you. The Policies provide information on how to exercise your rights over your data.
Cookie policy
This website uses session cookies. Without these cookies, a user would not be able to log onto this website. Session cookies are temporarily created when visiting a website (i.e. a session cookie is created upon logging in and accessing secured information). The information collected may include such things as what time the website was visited, how long a user stays logged in, if a user has visited the website previously and what pages were visited. Session cookies expire when a user leaves the website, closes their browser, opens a new browser window or there is 30 minutes of inactivity.
No warranty or reliance
The website, including information and materials contained in the website, text, graphics, software, links and other items are provided “as is,” “as available” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Without limitation, XY Capital Europe does not warrant the accuracy, adequacy, completeness, reliability, timeliness or availability of the website or any information on this website, and expressly disclaims liability for errors or omissions in the website. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with the website. Any contents on this website are subject to change without notice. XY Capital Europe further assumes no responsibility for, and makes no warranties that, functions contained at this website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available will be free of viruses or other harmful components. Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
Limitation of liability
Subject to applicable law, XY Capital Europe and its affiliates and their respective directors, employees and associates do not accept any responsibility arising in any way (including by reason of negligence) for errors in, or omissions from, the information and do not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access the website.
The Internet is not a totally reliable and secure medium of communication. XY Capital Europe accepts no liability for the security or confidentiality of information transmitted in this way and any such transmission of information shall be at your own risk.
Potential conflicts of interest
XY Capital Europe and its employees or associated companies may have a position or holding in any investments or securities referred to on the website.
Recording of Communications
Telephone communications or conversations between XY Capital Europe and its clients that result or may result in transactions will be recorded.
Performance legend
Past performance is not necessarily indicative of future returns. Any information you receive from XY Capital Europe is believed to be reliable. Nevertheless, neither XY Capital Europe nor its agents are liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information. The information provided on this website does not necessarily reflect the most up to date or current information available on the product or service. The information contained herein is provided without any warranty of any kind. The performance and other information and opinions expressed in the following materials are provided without any warranty of any kind.
Opinions expressed whether in general or in both on the performance of the individual funds and in a wider economic context represent the views of the contributor at the time of preparation. Financial information contained on the website have not been audited. XY Capital Europe furthermore disclaims any liability for any loss, damage, costs or expenses (including direct, indirect, special and consequential) howsoever arising which any person may suffer or incur as either a direct or consequential a result of viewing or utilising any information included in this website.
The value of investments may fall as well as rise and you may not get back your original investment. Past performance should not be viewed as a guide to future performance. Investment carries the risk of potential total loss of capital. Where an investment involves a foreign currency, it may be subject to fluctuations in value due to movements in exchange rates. These changes to exchange rates may also cause the value of an underlying investment to go down as well as up. The annual management fee is taken from the capital of the funds and may constrain or erode capital. Investments or investment services referred to in this website may not be suitable for all investors and we therefore recommend that you seek advice from your investment adviser before making an investment.
If you wish to invest in a specific investment or product managed by XY Capital Europe, you should refer to the risk warnings in the relevant prospectus for that product or investment. Information and details of such investments, managers or their products or laws or circumstances, may change, and it is the requirement of any investor or those making or considering to make such investments that they conduct due diligence on any and all investments made or considered. All investments should be made with discretionary capital set aside strictly for speculative purposes.
Stewardship Code (the “Code”)
Under Rule 2.2.3R of the FCA’s Conduct of Business Sourcebook (“COBS”), XY Capital Europe is required to disclose whether or not it commits to the UK Financial Reporting Council’s Code. The Code is a voluntary code and sets out a number of principles relating to engagement by investors with UK equity issuers. XY Capital Europe pursues a strategy that employs a systematic approach to invest securities, including in listed equities. XY Capital Europe does not believe in meeting with company management in order to ensure all companies are assessed using a uniform dataset at a single point in time. This assessment – based on hard, current evidence – is repeated every month. Consequently, while XY Capital Europe generally supports the objectives that underlie the Code, the Code is relevant only to limited aspects of XY Capital Europe ‘s trading and XY Capital Europe has chosen not to commit to it.
Shareholder Rights Directive Statement
XY Capital Europe is making this statement in Compliance with Rule 2.2B.5R of COBS.
COBS requires every FCA authorised asset manager that invests in listed equities to: (1) develop and publicly disclose on its website, a copy of its engagement policy which includes the content specified in the amended EU Shareholder Rights Directive (Directive 2007/36/EC); and (2) publicly disclose on an annual basis how its engagement policy has been implemented, including a general description of its voting behaviour, an explanation of its most significant votes and details of its use of the services of proxy advisors, or, in either case, to publicly disclose a clear and reasoned explanation of why it has chosen not to comply with those requirements
XY Capital Europe has considered carefully whether it wishes to adopt an engagement policy and to make the disclosures described above and has, for the time being, decided not to do so. For the portion of investments that is more focused on equities, the relevant exposure is often obtained through swap positions (particularly in relation to European issuers). Where equities exposures are held via a swap position, the opportunities for engagement are more limited, when compared with shareholdings (as for example, a swap holder is not entitled to vote at general meetings of the issuer). Where XY Capital Europe does invest in shares, it does not typically vote proxies. Therefore, while XY Capital Europe supports the general principles of shareholder engagement, it does not at this time (for the reasons set out above) consider it appropriate to adopt an engagement policy or make the relevant public disclosures. XY Capital Europe will keep its position under review and will update this section of its website accordingly, if there is a change in its approach.
Updated July 2021