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Status: You are viewing the version of the handbook as on 2005-06-30.

CIS 11.6 Service of notices and other documents

Notices to holders

CIS 11.6.1R
  1. (1)

    Where this sourcebook requires any notice or document to be served upon a holder, it is duly served :

    1. (a)

      for units held by a registered holder, if it is:

      1. (i)

        sent by post to or left at the registered holder's address as appearing in the register; or

      2. (ii)

        delivered by using an electronic medium in accordance with CIS 11.6.2 R (Other notices); or

    2. (b)

      for units for the time being represented by bearer certificates, if it is given in the manner provided for in the most recently published prospectus.

  2. (2)

    Any notice or document served by post is deemed to have been served on the second day following the day on which the letter containing the notice or document is posted, and in proving such service it is sufficient to prove that that letter was properly addressed, stamped and posted. Any notice or document left at a registered address or delivered other than by post is deemed to have been served on the day it was so left or delivered.

  3. (3)

    Service of a notice or document on any one of joint holders is effective service on the other joint holders.

Other notices

CIS 11.6.2R
  1. (1)

    Where this sourcebook requires any notice or document to be served or information to be given to any person, including the FSA, this must be:

    1. (a)

      in hard copy; or

    2. (b)

      in any other legible form, provided:

      1. (i)

        this is consistent with the ICVC's, the director's, the authorised fund manager's or depositary's knowledge of how the recipient of the notice or document wishes or expects to receive the notice or document;

      2. (ii)

        the ICVC, the director, the authorised fund manager or depositary is able to produce the item in hard copy;

      3. (iii)

        the recipient is able to know or record the time of receipt; and

      4. (iv)

        the context does not require otherwise.

  2. (2)

    In this sourcebook, any requirement that a document be signed may be satisfied by an electronic signature or electronic evidence of assent.

  3. (3)

    This rule (CIS 11.6.2 R) is subject to CIS 4.3.6 R (Instructions or notifications between manager and trustee: for single-priced AUTs) or CIS 15.3.10 R (Instructions or notifications between manager and trustee: for dual-priced AUTs).

Form of document or notice

CIS 11.6.3G

In this sourcebook:

  1. (1)

    CIS 11.6.2 R does not affect any other legal requirement which may apply in relation to the form or manner of executing a document or agreement; and

  2. (2)

    references to written form include hard copy and electronically displayed or recorded information.